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Explanations on draft decision by NPC to improve the HKSAR electoral system
Updated 23:31, 06-Mar-2021
CGTN
16:24

Wang Chen, vice chairman of the National People's Congress Standing Committee, has delivered an explanatory speech about a draft decision on improving the electoral system of the Hong Kong Special Administrative Region (HKSAR). Wang made the remarks on Friday at the opening meeting of the fourth annual session of the 13th NPC. 

Here is the full text of the speech.

Explanations on the Draft Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region

Deputies,

Entrusted by the Standing Committee of the National People's Congress (NPC), I hereby make the following explanations about the Draft Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region (HKSAR).

I. The imperative and importance of improving the electoral system of the HKSAR

The return of Hong Kong to the motherland put the region once again under the overall governance system of the country. The Constitution of the People's Republic of China (PRC) and the Basic Law of the HKSAR of the PRC jointly form the constitutional basis of the HKSAR. The electoral system of the HKSAR, which includes the methods for the selection of the Chief Executive and for the formation of the Legislative Council, is an important part of the political structure of the HKSAR. The electoral system should conform to the policy of "One Country, Two Systems", meet the realities in the HKSAR and serve to ensure "patriots administering Hong Kong". It should be conducive to safeguarding China's national sovereignty, security and development interests and help maintain the long-term prosperity and stability of Hong Kong. 

It must be noted that in recent years, especially after the turbulence over the amendment bill in 2019, anti-China, destabilizing forces and radical localists in Hong Kong have openly called for "Hong Kong independence". 

They used the electoral platforms of the HKSAR and the deliberation platforms of the Legislative Council and the District Councils or their position as public servants to blatantly carry out anti-China and destabilizing activities. They resorted to every possible means to paralyze the functioning of the Legislative Council and obstruct the law-based administration of the HKSAR government. 

They masterminded and perpetrated the so-called "primary election", in an attempt to obtain a majority in the Legislative Council so that they could step further to grab the power to administer Hong Kong. Some foreign countries and external forces, by way of their own legislative bills or administrative means and through their consular agencies and NGOs in the HKSAR and other channels, blatantly meddled with Hong Kong affairs. 

They also grossly imposed so-called "sanctions" on the relevant Chinese personnel and flagrantly emboldened and covered those anti-China, destabilizing forces in Hong Kong. 

These activities seriously jeopardized the constitutional order and the order of rule of law in the HKSAR. They posed a grave challenge to the authority of the Constitution, the Basic Law and the Law of the People's Republic of China on Safeguarding National Security in the HKSAR. Such activities put China's national sovereignty, security and development interests into serious jeopardy and severely disrupted social stability of the HKSAR. They must be resolutely opposed, and forceful measures must be taken to prevent and defuse risks arising therefrom.

The rioting and turbulence that occurred in the Hong Kong society reveals that the existing electoral system in the HKSAR has clear loopholes and deficiencies, which the anti-China, destabilizing elements jumped on to take into their hands the power to administer the HKSAR. 

To remedy the situation, it is important to 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. This in turn will ensure effective and law-based administration in the HKSAR and keep the implementation of "One Country, Two Systems" always on the right track.

Back in June 1984, Mr. Deng Xiaoping pointed out that there must be "some requirements or qualifications with regard to the administration of Hong Kong affairs by the people of Hong Kong. It must be required that patriots form the main body of administrators". According to him, "A patriot is one who respects the Chinese nation, sincerely supports the motherland's resumption of exercise of sovereignty over Hong Kong, and wishes not to impair Hong Kong's prosperity and stability." 

Hong Kong has been a Chinese territory since ancient times. The HKSAR is an inalienable part of the PRC, a local administrative region with a high degree of autonomy that directly comes under the Central People's Government. "Patriots administering Hong Kong" is a necessary requirement of the "One Country, Two Systems" policy. All provisions in the Basic Law regarding Hong Kong's Chief Executive and those working in the executive authorities, the legislature and the judiciary reflect the principle of Hong Kong people administrating Hong Kong with patriots as the main body. It is stipulated that the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the HKSAR must uphold the Basic Law of the HKSAR and swear allegiance to the HKSAR of the PRC.

In a decision released in October 2019, the fourth plenary session of the 19th CPC Central Committee called for upholding and improving the system and institutions of "One Country, Two Systems", improving HKSAR's institutions and mechanisms related to the implementation of the Constitution and the Basic Law, and upholding the administration of Hong Kong by Hong Kong people with patriots as the main body. 

On January 27, 2021, when listening to a 2020 work report from Chief Executive of the HKSAR, President Xi Jinping noted that Hong Kong's major shift from chaos to stability once again testifies to the unfailing truth that to ensure the steady practice of "One Country, Two Systems" in Hong Kong in the long run, we must always uphold the principle of "patriots administrating Hong Kong". This is a fundamental principle crucial to the sovereignty, security and development interests of our country and crucial to the sustainable prosperity and stability of Hong Kong. 

Only when the principle of "patriots administrating Hong Kong" is observed can the central authorities' overall jurisdiction over the HKSAR be effectively implemented, the constitutional order as established by the Constitution and the Basic Law be effectively maintained, and the various deep-seated problems be effectively resolved. Only in this way can Hong Kong achieve durable stability and make its due contributions to realizing national rejuvenation. 

The electoral system of the HKSAR, including the methods for the selection of the Chief Executive and the formation of the Legislative Council, must strictly follow and fully reflect the political principle and criterion of the administration of Hong Kong by Hong Kong people with patriots as the main body and provide institutional safeguards for this purpose.

II. Overall requirements, important principles, basic approach, and the way to proceed for improving the electoral system of the HKSAR

The overall requirements for improving the electoral system of the HKSAR are: following the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; fully implementing the guiding principles of the CPC's 19th National Congress and the second, third, fourth and fifth plenary sessions of its 19th Central Committee; upholding and improving the system and institutions of "One Country, Two Systems"; fully implementing, reflecting and carrying out the principle of "patriots administrating Hong Kong" with proper mechanisms and institutions; keeping the power to administer firmly in the hands of those who love the country and love Hong Kong; and ensuring Hong Kong's long-term stability and prosperity.

In implementing these overall requirements, it is imperative to observe the following important principles. First, fully and accurately implementing the policy of "One Country, Two Systems" under which the people of Hong Kong administer Hong Kong with a high degree of autonomy. Second, firmly upholding sovereignty, security and development interests of the State. Third, administering Hong Kong in accordance with the law. Fourth, acting in line with the actual circumstances of Hong Kong. Fifth, improving the governance efficacy of the HKSAR.

The overarching approach for improving the electoral system of the HKSAR is as follows: 

The overall design of the system will be centered around the reformation and greater empowerment of the Election Committee of the HKSAR. The size, composition and formation method of the Election Committee will be adjusted and improved. 

The Chief Executive will continue to be elected by the Election Committee. The Election Committee will be entrusted with the new function of electing a relatively large share of Legislative Council members and directly participating in the nomination of all candidates for the Legislative Council. 

Through the Election Committee, the balanced and orderly political participation will be expanded and broader representation ensured in the Hong Kong society. Relevant elements of the election will be adjusted as appropriate, and a mechanism of qualification review will be established throughout the entire process. This design is aimed to form a new democratic electoral system suited to Hong Kong's realities and with Hong Kong characteristics.

The existing electoral system in the HKSAR was established in accordance with relevant provisions of the Basic Law of the HKSAR, interpretations and decisions of the NPC Standing Committee, and relevant provisions of local laws in Hong Kong. 

Provisions of the Basic Law, including Articles 45 and 68, lay out the principles concerning the electoral system of the HKSAR, and Annex I and Annex II to the Basic Law as well as relevant amendments make specific and express stipulations. 

Based on comprehensive analysis and assessment, central and state authorities deem it necessary to revise and improve the electoral system of the HKSAR at the State level, and mainly to revise 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. 

At the same time, in order to maintain continuity and stability of relevant systems of the HKSAR, the revisions to be made this time in improving the electoral system of the HKSAR may be limited to Annex I and Annex II to the Basic Law, without revising the main body of the Basic Law. After serious consideration of various factors and discussions with relevant parties, central and state authorities propose a two-step approach, namely, "decision plus amendment".

In the first step, the NPC, in accordance with the relevant provisions of the Constitution, the Basic Law, and the Law on Safeguarding National Security in the HKSAR, makes the decision on improving the electoral system of the HKSAR, which lays out the basic principles for revising and improving the electoral system of the HKSAR as well as the core elements of such revision and improvement. Meanwhile, the NPC authorizes its Standing Committee to amend Annex I and Annex II to the Basic Law in accordance with the decision. 

In the second step, in accordance with the Constitution, the Basic Law, the Law on Safeguarding National Security in the HKSAR, and the NPC decision, the NPC Standing Committee amends Annex I: Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region and Annex II: Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures of the Basic Law of the HKSAR. The amended Annex I and Annex II will contain specific and express provisions on the new democratic electoral system of the HKSAR. After the amendment of Annex I and Annex II at the State level is completed, the HKSAR will amend relevant local laws accordingly.

At its 26th session, February 27-28, 2021, the Standing Committee of the 13th NPC heard and deliberated on the Report of the State Council on Revising and Improving the Electoral System of the Hong Kong Special Administrative Region and Relevant Recommendations. It endorsed the Report's recommendations on revising and improving the electoral system of the HKSAR. 

On this basis, in accordance with relevant provisions of the Constitution, the Basic Law of the HKSAR, and the Law on Safeguarding National Security in the HKSAR as well as relevant decisions of the NPC and its Standing Committee, and in light of the actual conditions in the HKSAR, the Legislative Affairs Commission of the NPC Standing Committee drew up the Draft Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region, which, after deliberation by the NPC Standing Committee, has been submitted to the Fourth Session of the 13th NPC for deliberation.

III. Overview of the draft decision

The Draft Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region consists of an introduction and the main body. 

The introduction briefly explains the purposes and legal basis of the decision. Such an institutional arrangement is in line with the stipulations and principles of the Constitution and the Basic Law of the HKSAR, and holds solid political and legal ground. It will help ensure that patriots form the main body of administrators in Hong Kong, and guarantee the sound and sustainable implementation of "One Country, Two Systems" in Hong Kong.

The main body of the draft decision lays out the basic principles for revising and improving the electoral system of the HKSAR as well as the core elements of such revision and improvement. At the same time, it authorizes the NPC Standing Committee to amend Annex Ι and Annex II to the Basic Law in accordance with this decision. 

During deliberations on revising and improving the electoral system of the HKSAR, central and state authorities have thought through issues related to making this decision and then amending Annex Ι and Annex II to the Basic Law, and have made arrangements accordingly. 

After the adoption of this decision by the NPC, the NPC Standing Committee will work, pursuant to this decision and in coordination with other competent authorities, to promptly launch the procedure of amending Annex Ι and Annex II to the Basic Law. Upon the promulgation and entry into force of the amended Annex Ι and Annex II to the Basic Law, the previous Annex Ι, Annex II and their amendments will be repealed simultaneously.

The Draft Decision of the National People's Congress on Improving the Electoral System of the Hong Kong Special Administrative Region and the above Explanations are now submitted for deliberation.

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