Published: 23:30, August 13, 2020 | Updated: 20:04, June 5, 2023
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NPCSC decision helps ensure stability in the city
By Paul Yeung

The Standing Committee of the National People’s Congress on Tuesday announced a decision allowing members of the sixth Legislative Council of the Hong Kong Special Administrative Region to continue their duties for at least a year, until the seventh LegCo begins functioning upon swearing-in after a successful election. The decision provides a timely solution to the lacuna caused by the postponement of the seventh LegCo election, originally planned for Sept 6, for a year. At a time when bilateral relations between China and the United States are experiencing unprecedented tension initiated by Washington, and the Hong Kong SAR government is in full gear to enforce the new National Security Law, the legislative vacuum is certainly not a simple matter of political controversy to resolve but a complicated issue demanding a multipronged approach. There are three aspects worth noting in the making of this decision.

First, the whole process of making this decision demonstrated the mechanism with which the central authorities provide Hong Kong with governance assistance when necessary. People tend to focus on the result of the decision, but it is just as important, if not more so, to appreciate the whole process of making this decision, which is crucial to maintaining political order under the “one country, two systems” principle. A couple of months ago, many members of the public were so concerned about the real danger of losing the battle to contain the COVID-19 pandemic and the ability to ensure a fair and safe poll that they urged the SAR government to follow many other administrations’ example and postpone the LegCo election. Intellectually, it is not difficult to understand why postponing the next LegCo election is the right thing to do, but a greater challenge lies in establishing a complete legal framework for the postponement, in case someone wants to rock the boat by filing for a judicial review of its legality.

On July 28, Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor presented the report on matters concerning the postponement of the election of the seventh LegCo of the SAR to the Central People’s Government, asking the State Council to request the NPCSC to authorize a proper arrangement for LegCo to continue working. It is necessary to let everybody know that the decision to let the sixth LegCo function for another year is a constitutional arrangement made by the NPCSC, the highest institution of State power. The State Council later confirmed that the central government supported Lam and the Hong Kong Executive Council’s decision to postpone the seventh LegCo election till September next year. At a session of the NPCSC, Xia Baolong, director of the Hong Kong and Macao Affairs Office of the State Council, explained to NPCSC members the need and reasons for Hong Kong to postpone the next LegCo election and keep the current LegCo in office for another year to prevent a legislative lacuna. Such an arrangement by the NPCSC is necessary for the Hong Kong SAR government to maintain normal functions and for Hong Kong society to maintain “business as usual”, meaning it is necessary for the city to continue enjoying stability and prosperity. With the official announcement of the NPCSC decision, the constitutional process of authorizing Hong Kong to keep the sixth-term LegCo in office for another year is now complete, signifying the exercise of the “one country, two systems” principle has taken another step forward in standardizing various mechanisms to strengthen the constitutional and political order of Hong Kong.

The latest NPCSC decision regarding the tenure of LegCo yet again proves the central authorities and SAR government are reasonable and justified in every move they make. That is the best assurance for the pro-development, or pro-establishment, forces in Hong Kong to work toward lasting stability and prosperity with full confidence

Second, regarding public concern in Hong Kong about whether the four incumbent LegCo members who have been disqualified for the seventh LegCo election candidacy should be allowed to serve for another year, the NPCSC decision only provides a principle guideline while leaving the right to make specific decisions to the SAR government according to Hong Kong law as well as the Basic Law. In this way the NPCSC has once again clarified its constitutional role and respect for the Basic Law regarding Hong Kong’s high degree of autonomy. After the National Security Law took effect in Hong Kong, the central government is more confident than ever in the SAR’s political environment and feels more comfortable giving the Hong Kong SAR government more room to handle political matters. What the NPCSC and SAR government did is necessary and justified according to the Constitution of the People’s Republic of China, the Basic Law of the Hong Kong SAR and relevant Hong Kong laws. Still in question is whether opposition lawmakers’ moves are reasonable and justified as well. Some members of the opposition camp expressed discontent toward the NPCSC decision and said they might consider resigning en masse in protest against the NPCSC decision. So far they have not reached a consensus on what to do next, but it is apparently better for them to continue performing their constitutional duties as “loyal opposition” lawmakers than anything else, unless they have unrealistic political objectives to pursue.

Last but not least is the function of LegCo in the next year. Some people are worried that LegCo may not be able to do much in just one year instead of four. The NPCSC decision has answered that question by allowing the sixth LegCo to continue functioning for another year. Surely the legislature can deliberate over some of the bills it could not pass because of filibustering by the opposition camp in the past legislative year. More importantly, the next year will be a transitional period as Hong Kong society adapts to restore political order after the National Security Law took effect; LegCo can and should play an instrumental role in making a successful transition. It is encouraging that pro-establishment parties and groups have formed a “pro-development camp” and issued a joint statement to declare their goal of “joining efforts in transforming Hong Kong for a better future” in support of the SAR government’s politico-economic reform measures. There is no doubt LegCo will be a critical arena for such policies.

Hong Kong is the front line of power-wrestling between China and the US, which is why every move Beijing makes regarding Hong Kong must be sound and reassuring. The latest NPCSC decision regarding the tenure of LegCo yet again proves the central authorities and SAR government are reasonable and justified in every move they make. That is the best assurance for the pro-development, or pro-establishment, forces in Hong Kong to work toward lasting stability and prosperity with full confidence.

The author is senior research officer of the One Country Two Systems Research Institute.

The views do not necessarily reflect those of China Daily.