SCIO briefing on NPC's decision on improving HKSAR's electoral system
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E-mail China.org.cn, March 18, 2021
Chen Wenjun:
Ladies and gentlemen, good morning. Welcome to this briefing held by the State Council Information Office. As you all know, the fourth session of the 13th National People's Congress (NPC), which concluded yesterday, adopted the Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region (HKSAR) by an overwhelming majority vote. To help the public more accurately understand the decision from both legal and logical perspectives, we have invited Mr. Zhang Xiaoming, executive deputy director of the Hong Kong and Macao Affairs Office of the State Council, Mr. Deng Zhonghua, deputy director of the Hong Kong and Macao Affairs Office of the State Council, and Mr. Zhang Yong, deputy director of the Legislative Affairs Commission of the Standing Committee of the NPC. They will elaborate on the decision and take your questions. First, we will give the floor to Mr. Zhang Xiaoming.
Zhang Xiaoming:
Friends from the media, good morning. Yesterday afternoon, the fourth session of the 13th NPC adopted the Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region. The decision is another major step in the governance of Hong Kong taken by the central authorities following the adoption of the Law on Safeguarding National Security in the Hong Kong Special Administrative Region. It is also a milestone in implementing the principle of "one country, two systems." The NPC has made major decisions on Hong Kong-related issues both this year and last year. This fully demonstrates the great importance attached to Hong Kong affairs by the Central Committee of the Communist Party of China (CPC) with Comrade Xi Jinping at its core, and General Secretary Xi Jinping's general plan of the governance of Hong Kong. When the vote on the draft decision was held, Mr. Zhang Yong and I were at the Great Hall of the People. A total of 2,896 NPC deputies cast their votes. Except for one abstention, all the other 2,895 deputies voted in favor. A big round of applause broke out when Li Zhanshu, chairman of the NPC Standing Committee, announced the result. The sustained applause represents the shared aspiration of the Chinese people, including all our compatriots in Hong Kong, and the unshakable will of the state.
At a workshop held by the Chinese Association of Hong Kong and Macao Studies on Feb. 22, Xia Baolong, vice chairman of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and director of the Hong Kong and Macao Affairs Office of the State Council, elaborated on the theme of implementing the principle of "patriots administering Hong Kong" put forward by General Secretary Xi Jinping, and advancing the steady and sustained implementation of "one country, two systems." Xia's statement has drawn a positive public response in Hong Kong. On March 5, Wang Chen, vice chairman of the NPC Standing Committee, made a detailed explanation of the necessity and importance of improving the electoral system of the HKSAR as well as the main points of the draft decision. On March 6 and 7, Vice Premier Han Zheng made important remarks on matters related to improving the HKSAR's electoral system while attending group discussions of Hong Kong and Macao CPPCC members and NPC deputies. These state leaders clarified the position of the central authorities. Here, I would like to share some views on the great significance and far-reaching impact of improving the HKSAR's electoral system.
First, improving the electoral system is highly necessary to address the loopholes and deficiencies in the HKSAR's legal system, and is conducive to improving the system and institutions of "one country, two systems." The framework of the existing methods for the selection of the HKSAR chief executive and for the formation of the Legislative Council (LegCo) was established in the process of formulating the Basic Law of the HKSAR over 30 years ago. The instability in Hong Kong society during recent years has exposed clear loopholes and deficiencies in the HKSAR's existing electoral system, including the methods for selecting the chief executive and for the formation of LegCo. In particular, the electoral system was not secure enough. As a result, anti-China disruptors in Hong Kong found their way into the HKSAR's bodies of power and other governance structure through elections; and external forces have meddled in Hong Kong's affairs through various means, allowing them to engage in activities aimed at undermining China's national security. Therefore, we must fix the deficiencies, and forestall and defuse relevant risks at the institutional level. Moreover, improving the electoral system is an important step toward implementing the overarching plan of upholding and improving the system and institutions of "one country, two systems" made by the 19th CPC Central Committee at its fourth plenary session. It also shows that the principle of "one country, two systems" has been refined in light of new developments.
Second, improving the electoral system is of fundamental importance to safeguarding political stability and security in the HKSAR, and ensuring a stable Hong Kong in the long run. The turbulence over the amendment bill descended into social chaos, which fully reveals that the main problems facing Hong Kong are political issues, not problems of whether the electoral system should be democratic, or whether the pace of democracy should be faster or slower, as some people have said. These issues involve battles against attempted power grabs, subversion and infiltration. In this regard, we will not back down. The aim of improving the electoral system is to close the pathway within the political structure for anti-China and destabilizing forces in Hong Kong to seize power by exercising the central authorities' statutory power to make decisions on the political structure of the HKSAR in accordance with the Constitution and the Hong Kong Basic Law. It goes hand in hand with the formulation of the Law on Safeguarding National Security in the HKSAR. Together, they will provide fundamental solutions to various forms of chaos, and safeguard the national security and the political stability and security of the HKSAR.
Third, improving the electoral system is the right choice based on Hong Kong's actual conditions, and a step which will steadily advance Hong Kong's democratic system. For the over-150 years that Hong Kong was under British colonial rule, there was no democracy to speak of. It was only since its return to the motherland that its people have truly held their future in their own hands. The development of democracy in the city does not have a long history and steady improvements should be made to it through exploration. In improving the electoral system, priority will be given to adjusting and improving the Election Committee, which is broadly representative, and empowering it with new functions. In addition to continuing to elect the chief executive, it will also elect some members of LegCo and participate in the nomination of all LegCo candidate members. The aim of such an approach is to build a democratic system that is suited to Hong Kong's actual conditions and has distinctive Hong Kong features. It will ensure the pace of development of democracy in the city is steadier.
Fourth, improving the electoral system is crucial for Hong Kong to improve the performance of its government, promote development of its economy, and improve people's livelihood. The deficiencies in the current electoral system and its uncertain status have triggered a tendency to politicize Hong Kong society. Moreover, after finding their way into the HKSAR's governance system, anti-China and destabilizing forces in Hong Kong have blatantly manipulated the political agenda. Some opposition LegCo members have abused procedures and disrupted, and even paralyzed, the functioning of LegCo through such improper moves as filibustering. These acts have gravely impeded the exercise of governance by the HKSAR government and created significant internal friction. The improvements to the electoral system will enable the HKSAR government and people from various sectors of Hong Kong society to focus on economy and development, and will address housing difficulties and other pressing problems affecting people's livelihood. It will also enable Hong Kong to better involve itself in the building of the Guangdong-Hong Kong-Macao Greater Bay Area, integrate into China's overall development more smoothly, and maintain and improve its international competitiveness. In short, it will enable Hong Kong to break the political impasse, achieve good governance and improve the well-being of its residents.
Fifth, improving the electoral system will provide a systemic safeguard for implementing the principle of "patriots administering Hong Kong" and ensure the continued success of "one country, two systems". "Patriots administering Hong Kong" is not a new concept. In fact, Comrade Deng Xiaoping pointed out that Hong Kong must be administered by the people of Hong Kong with patriots as the main body in 1984 when he met a delegation from the Hong Kong industrial and business community visiting Beijing and a group of Hong Kong community leaders. Across the world, no country allows people who are unpatriotic to participate in the governance of the country or any place under the country's jurisdiction. It goes without saying that those who administer Hong Kong must be patriots. When meeting with Chief Executive Carrie Lam Cheng Yuet-ngor this January, General Secretary Xi Jinping clearly stated that the principle of "patriots administering Hong Kong" must be always upheld to ensure the steady and sustained implementation of "one country, two systems." Improving the electoral system will put in place the requisite security valve to ensure that the political power and the governing power of the HKSAR are firmly in the hands of patriots. This will provide a strong and reliable safeguard for ensuring the steady practice of "one country, two systems" in Hong Kong in the long run.
I want to emphasize that it was the CPC that initiated the policy of "one country, two systems," and that leads, advances and upholds its implementation. No one better appreciates the value of "one country, two systems" or is more committed to the original aspiration of this notion than the CPC or the Chinese government. The Law on Safeguarding National Security in the HKSAR which has been formulated, the ongoing improvement of the electoral system of the HKSAR , and everything we will do in the future, are all aimed at improving the system and institutions of "one country, two systems" and ensuring its sound implementation, rather than changing the principle.
During the "two sessions" over the last few days, many NPC deputies and CPPCC members from Hong Kong were excited when delivering speeches. Some NPC deputies said that the NPC's decision on improving the electoral system of the HKSAR will send a "belated spring" to Hong Kong. Some CPPCC members exclaimed that "Hong Kong can be saved." Other CPPCC members commented that this major decision of the NPC fully demonstrates the central authorities' deep care for Hong Kong and its future. As people in Hong Kong like to visit Che Kung Temple during the first lunar month and draw fortune sticks, some CPPCC members mentioned that no matter what kind of fortune the people receive, the Law on Safeguarding National Security in the HKSAR is the greatest blessing, and the NPC's decision on improving the electoral system of the HKSAR is the most effective solution. I think these words speak volumes about the views of people in Hong Kong. When we spoke with some Hong Kong personages, they mentioned a simile that, "just as a serious illness requires strong medicine, Hong Kong's existing electoral system requires a major surgery." I think "surgery" is a vivid illustration. To be more accurate, the improvement of Hong Kong's electoral system is like a minimally invasive surgical procedure with an incision that is small but deep enough to remove the infection and allow for a speedy recovery. We are firmly convinced that after the surgery on Hong Kong's electoral system, its democratic system will regain health. Hong Kong's social vitality will be fully unleashed, and its people will enjoy better and more peaceful lives.
In recent days, the HKSAR government and people from various sectors in Hong Kong issued statements, took part in interviews, signed petitions, and set up street counters to express their firm support for the NPC's decision on improving the HKSAR's electoral system. Opinion poll results released by the Hong Kong Research Association also show that around 70% of those polled support the NPC's decision. This is the best and most forceful rebuttal of the smears and false claims against the NPC's decision made by some people overseas. Last year, when the Law on Safeguarding National Security in the HKSAR was promulgated, I said at a press conference here that the law is an anchor of stability for the city. Today, I would like to add another sentence and together make them a couplet of good wishes, that is, the improved electoral system will be a vital long-term safeguard for Hong Kong. As the city's electoral system and rules are amended, the ship of "Hong Kong under 'one country, two systems'" will be able to cleave waves, sail smoothly onward and deliver an even brighter future for the city.
That concludes my opening remarks. Thank you.
Chen Wenjun:
Thank you, Mr. Zhang Xiaoming. Next, let's give the floor to Mr. Zhang Yong.
Zhang Yong:
Thank you, Mr. Chairperson. Friends from the media, good morning. Just now Mr. Zhang Xiaoming, executive deputy director of the Hong Kong and Macao Affairs Office of the State Council, expounded on the major and far-reaching significance of the Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region. Next, let me give you a brief overview of the decision as well as its constitutional and legal basis.
The NPC's decision consists generally of the following nine articles:
First, it sets out the basic principles for improving the electoral system of the HKSAR, namely implementing the principle of "one country, two systems," upholding the constitutional order, ensuring "patriots administering Hong Kong," improving the governance efficacy of the HKSAR, and safeguarding the right to vote and the right to stand for election of permanent residents of the HKSAR.
Second, it establishes the core elements for conducting elections of the Election Committee, the Chief Executive, and the LegCo. The thrust of these elements is to restructure the Election Committee and add new functions to it. This will expand and ensure the balanced and orderly political participation of various sectors of Hong Kong society, make the Election Committee more suited to Hong Kong's realities, more broadly representative, and better meet the overall interests of Hong Kong society. The composition of the Election Committee will be expanded from four to five sectors, and its membership will be increased from 1,200 to 1,500. The Election Committee shall continue to elect the Chief Executive designate, and the Chief Executive shall be appointed by the Central People's Government. In addition, the Election Committee shall elect a fairly large proportion of the members of the LegCo, and nominate candidates for LegCo members.
Third, it establishes a committee for reviewing the qualification of election candidates in the HKSAR, which will be responsible for reviewing and confirming the qualification of candidates in the elections of the Election Committee, the Chief Executive and the Legislative Council. This is an important institutional arrangement to ensure "patriots administering Hong Kong."
Fourth, it authorizes the NPC Standing Committee to amend Annex I and Annex II to the Basic Law of Hong Kong. The two annexes, namely, Method for the Selection of the Chief Executive and Method for the Formation of the Legislative Council and Its Voting Procedures, list specific matters to be handled regarding the election of the Chief Executive and the Legislative Council.
In addition, the NPC decision requires the HKSAR to amend relevant local laws, and organize election activities accordingly. It also requires the chief executive of the HKSAR to submit in a timely manner reports to the Central People's Government on important situations related to elections. These is the main content of the decision.
The NPC decision is solidly based on the Constitution. The constitutional basis of the NPC decision lies in the following three aspects:
First, the Constitution of the People's Republic of China covers the HKSAR. The Constitution is the fundamental law of the State. It has supreme and universal legal authority within the territory of the People's Republic of China. With its return to the motherland, Hong Kong is now again an integral part of China's governance system. In terms of legal status, the HKSAR is a local administrative region directly under the Central People's Government. The central authorities exercise overall jurisdiction over Hong Kong in accordance with the Constitution and other relevant laws.
Second, the principle of "one country, two systems," by definition, has well-laid out purposes. The fundamental purpose of this principle was set on the very day of its formulation, which is to safeguard China's unification and territorial integrity and sustain Hong Kong's prosperity and stability. "One country" is the prerequisite and basis of "two systems."
Third, the system of special administrative region established by the Basic Law is based on underlying principles and prerequisites. The Basic Law of the HKSAR adopted by the NPC in 1990 was formulated in accordance with the Constitution, which gives legal status to the policy of "one country, two systems." The Basic Law has comprehensive provisions on the operation of various institutions to be set up in the HKSAR. In establishing these institutions, the Basic Law observed two underlying principles: First, Hong Kong would be administered by Hong Kong people with patriots as the main body. Second, Hong Kong would enjoy a high degree of autonomy authorized by the central authorities. These two principles are embodied in the specific provisions of the 160 articles in the Basic Law.
To summarize, under the principle of "one country, two systems," the Constitution and the Basic Law jointly form the constitutional basis of the HKSAR. All the mechanisms and institutions of the HKSAR are built on this constitutional basis, and must meet the requirements of this constitutional basis in all their operations. Should there be failure to meet such requirements or violation and even sabotage of the constitutional basis, the relevant mechanisms and institutions must be revised and improved.
The NPC decision is solidly based on law. As we know, China exercises the system of people's congresses, and the National People's Congress is the highest state organ of power, which has and exercises the power of sovereignty. It is stipulated in China's Constitution that the NPC has the power of deciding on the establishment of special administrative regions and the systems to be instituted there. The electoral system of the HKSAR, which is at the core of its political system, is decided by the central authorities. Over the past few years, those who oppose China and destabilize Hong Kong have used the loopholes and deficiencies in the existing electoral system, and their acts have undermined not only China's sovereignty, security and development interests, but also the constitutional order and effective governance of Hong Kong. Therefore, necessary measures must be taken to revise and improve relevant systems and institutions. This is within the powers of the NPC. What is more, it is a responsibility the NPC must fulfill.
Last but not least, I want to stress that the NPC decision has indisputable legal binding force. Next, the NPC Standing Committee will amend Annex I and Annex II to the Basic Law, and the HKSAR shall make amendments to relevant local laws. In doing so, they must act in strict compliance with the NPC decision and implement it in both letter and spirit. Thank you.
Chen Wenjun:
Thank you, Mr. Zhang Yong. The floor is now open for questions. Please identify your news outlet before asking your question.
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