SCIO briefing on NPC's decision on improving HKSAR's electoral system
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E-mail China.org.cn, March 18, 2021
China News Service:
Just now, Mr. Zhang Yong said that the NPC decision has a legal basis. My question is, what is the legal basis of the NPC in authorizing the NPC Standing Committee to amend Annex I and Annex II to the Basic Law of Hong Kong? Thank you.
Zhang Yong:
Thank you for your question. As I said in my opening remarks, it is stipulated in China's Constitution that the NPC has the power to make decisions regarding the establishment of special administrative regions and the systems instituted there. The NPC is China's highest state organ of power. It has been stated clearly that the NPC decision establishes the requisite core elements for the electoral system of Hong Kong and has solid constitutional and sufficient legal basis. In fact, both before and after Hong Kong's return to the motherland, the NPC made multiple major decisions on the question of Hong Kong. I would like to give some additional information regarding your question. The Method for the Selection of the Chief Executive of the HKSAR and the Method for the Formation of the Legislative Council of the HKSAR are two annexes to the Basic Law. The fact that they are not included in the main clauses of the Basic Law was the result of special considerations during the drafting process of the Basic Law decades ago. As these specific items may need adjustments as the situation changes, it is more flexible for them to appear in the form of annexes to make it more convenient to make amendments if necessary. In fact, the two annexes were amended in 2010 and approved by the NPC Standing Committee. According to Clause 22 of Article 67 in China's Constitution, the NPC Standing Committee shall exercise the functions and powers accorded to it by the NPC. Therefore, the NPC authorizing its Standing Committee to amend Annex I and Annex II is in line with the original intent in drafting the Basic Law, and has sufficient legal basis. I hope my answer is helpful. Thank you.
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