#ULTIMATE NPC OVERHAUL II SERIES#

The Committee will both increase in size and gain new functions.ДЄrticle 6 authorizes the NPC Standing Committee (NPCSC) to amend Annex I and Annex II to the Hong Kong Basic Law-which govern, respectively, the selection of the Chief Executive and formation of the Legislative Council-in accordance with the Decision. The вЂњoverall designвЂќ of the overhauled system, according to the DecisionвЂ™s explanation, вЂњwill be centered around the reformation and greater empowerment of the Election Committee ,вЂќ which currently selects the Chief Executive.

safeguarding the right to vote and the right to stand for election of Hong KongвЂ™s permanent residents.ДЄrticles 2вЂ“5 set forth, in varying levels of detail, changes to several aspects of Hong KongвЂ™s electoral system, which we will discuss below.

effectively improving the governance efficacy of the HKSAR and.

ensuring the administration of Hong Kong by Hong Kong people with patriots as the main body.

Constitution and the Hong Kong Basic Law

upholding Hong KongвЂ™s constitutional order as established by the P.R.C.

fully and faithfully implementing the policy of вЂњone country, two systemsвЂќ under which the people of Hong Kong administer Hong Kong with a high degree of autonomy.

The preamble also cites unspecified provisions of the Hong Kong Basic Law and the Hong Kong National Security Law as part of the legal basis for the Decision.ДЄrticle 1 lays down five basic principles for reforming Hong KongвЂ™s electoral system: And article 62 allows the NPC to вЂњoversee the implementation of the ConstitutionвЂќ and to exercise any unenumerated functions and powers as it deems necessary. Article 31 empowers the NPC to prescribe by law the systems to be instituted in a special administrative region like Hong Kong. The preamble invokes the NPCвЂ™s authority under articles 31 and 62 of the P.R.C. The preamble requires that Hong KongвЂ™s electoral system, as an important part of its political structure, must вЂњconform to the policy of вЂone country, two systems,вЂ™ meet the realities in the Hong Kong Special Administrative Region, serve to ensure that Hong Kong is administered by people who love the country and love Hong Kong, be conducive to safeguarding ChinaвЂ™s national sovereignty, security, and development interests, and help maintain the long-term prosperity and stability of Hong Kong.вЂќ The Decision includes a preamble followed by nine operative articles.

New Candidate Qualification Review Committee.

Below, we will first provide an overview of the Decision, before discussing in detail the changes it will make to Hong KongвЂ™s electoral system.

вЂќ It is therefore вЂњimportant,вЂќ the explanation continues, вЂњto take necessary steps to improve the electoral system and remove existing institutional deficiencies and risks to ensure the administration of Hong Kong by Hong Kong people with patriots as the main body.вЂќ The Decision marks the first of those steps.

(Almost fifty activists involved in the primaries have been charged with violating the Hong Kong National Security Law.) The DecisionвЂ™s explanatory document cites all those events as evidence of the вЂњclear loopholes and deficienciesвЂќ in Hong KongвЂ™s current electoral system-which it says have been exploited by вЂњanti-China, destabilizing elementsвЂќ to attempt to seize the вЂњpower to administer.

#ULTIMATE NPC OVERHAUL II SERIES#

The Decision comes on the heels of a series of events in the past two years: mass protests against the Hong Kong governmentвЂ™s extradition bill (since withdrawn), opposition lawmakersвЂ™ use of filibusters to delay proceedings, and pro-democracy primaries for the now-postponed 2020 Legislative Council election. On Thursday, March 11, the National PeopleвЂ™s Congress, with 2895 votes in favor and 1 abstention, approved the Decision on Improving the Electoral System of the Hong Kong Special Administrative Region ( Decision), which takes immediate effect. Our explanation and analysis of Hong KongвЂ™s new election rules is available here.ДЄnother year, another NPC decision on Hong Kong. Provincial Legislative Responses to Covid-19Д®ditorвЂ™s Note: The NPCSC revised Annexes I and II to the Hong Kong Basic Law on March 30.Explainer: NPCSC Legislative Affairs Commission.

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