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Following is a question by Dr the Hon Lam Tai-fai and a written reply by the Secretary for Constitutional and Mainland Affairs, Mr Raymond Tam, in the Legislative Council today (February 4):
Question:
On the 7th of last month, the Government published the Consultation Document on the Method for Selecting the Chief Executive by Universal Suffrage to commence a two-month second round public consultation on the method for selecting the Chief Executive (CE) by universal suffrage in 2017. CE reiterated in the 2015 Policy Address that the substantive power to decide on constitutional development rested with the Central Authorities and the decision of the Standing Committee of the National People's Congress on issues relating to the selection of CE by universal suffrage and on the method for forming the Legislative Council (LegCo) in the year 2016 had irrefutable legal status and was legally valid, and that the slogan of "Hong Kong shall resolve Hong Kong's problems" did not conform with our constitutional arrangements. CE also named in his criticism some featured articles of Undergrad, a magazine of the Hong Kong University Students' Union, and a book named Hong Kong Nationalism published by it, which advocated the proposition that Hong Kong should "find a way to self-reliance and self-determination". CE considered that the society must stay alert to such a proposition, but such remarks had aroused some controversies in society. On the other hand, an opinion poll conducted by a university has indicated that the instant satisfaction rate of the public with this year's Policy Address is the second lowest among the policy addresses delivered since the reunification of Hong Kong. Moreover, the Chief Secretary for Administration, who is the main promoter of the constitutional reform, has described that there is a slim chance for the constitutional reform package to be passed by LegCo, but she would not miss any opportunity to approach the pan-democrats. In this connection, will the Government inform this Council:
(1) of the members of political parties, political groups and organisations as well as LegCo Members met separately by the government officials responsible for the constitutional reform since the launch of the second round of public consultation; the respective numbers and dates of the meetings held, the number of persons met and the contents of the meetings;
(2) of the number of relevant open forums, briefing sessions and consultation activities attended by the government officials responsible for the constitutional reform since the launch of the second round of public consultation; the respective dates, contents and organisers of such activities; whether the government officials have plans to attend similar activities in the remaining consultation period; if they have plans, of the details; if not, the reasons for that;
(3) of the number of submissions received by the Government from members of the public by email, fax, mail and phone since the launch of the second round of public consultation; and the contents of such submissions;
(4) whether the government officials responsible for the constitutional reform will make arrangements to meet the 27 pan-democratic LegCo Members one by one; if they will, of the Members whom they have arranged to meet; if not, the reasons for that; whether they have plans to meet the rest of LegCo Members as well as various political parties, political groups and organisations in the remaining consultation period to lobby them to support the passage of the constitutional reform package by LegCo; if they have plans, of the details; if not, the reasons for that;
(5) whether the government officials responsible for the constitutional reform have plans to meet the representatives of the Hong Kong Federation of Students and Scholarism in the remaining consultation period; if they have plans, of the details; if not, the reasons for that;
(6) how the Government determined the weighting to be accorded to the public opinions in formulating the proposals for selecting CE by universal suffrage in 2017, and of the details of such consideration;
(7) whether it has assessed if the relatively low instant satisfaction rate of members of the public with this year's Policy Address will affect their support for the passage of the constitutional reform package by LegCo; if it has assessed, of the details; if not, the reasons for that;
(8) given the comments that the Occupy Central movement has greatly aroused the interest of young people and students in the constitutional reform, whether the Secretary for Education will have a direct dialogue with them on issues relating to the constitutional reform;
(9) whether it has assessed if there will be a greater chance for the constitutional reform package to be passed by LegCo should CE meet and lobby pan-democratic LegCo Members in person; if it has assessed, of the details; if not, the reasons for that;
(10) whether it has assessed if CE's criticism of Undergrad will undermine the post-secondary students' support for the passage of the constitutional reform package by LegCo, or even result in their boycott of the second round of public consultation; if it has assessed, of the details; if not, the reasons for that;
(11) whether it will consider expanding the membership of the Task Force on Constitutional Development by recruiting more government officials to participate in the consultation and lobbying work; if it will consider, of the details; if not, the reasons for that;
(12) given the CE's remarks that there are external forces intervening in the political affairs of Hong Kong, whether it has assessed if there are external forces exerting influence on or intervening in the constitutional reform and the second round of public consultation; if it has assessed, of the details; if not, the reasons for that; whether it has assessed when it will be the appropriate time for making public information on the intervention of external forces in the political affairs of Hong Kong;
(13) whether it has taken the initiative to invite officials of the Central Authorities to have a direct dialogue with pan-democratic LegCo Members on the constitutional reform; if it has, of the details, if not, the reasons for that;
(14) whether it has assessed if the expressed support by pan-democratic LegCo Members for the so-called "referendum" to be triggered by the resignation of a LegCo Member will affect the chance for the constitutional reform package to be passed by LegCo; if it has assessed, of the details; if not, the reasons for that; and
(15) of the expected time for publishing the report on the second round of public consultation and for submitting the constitutional reform package to LegCo?
Reply:
President,
The consolidated reply to the questions raised by Dr the Hon Lam is as follows:
On January 7, 2015, the Hong Kong Special Administrative Region (SAR) Government published the "Consultation Document on the Method for Selecting the Chief Executive by Universal Suffrage" (Consultation Document) and launched a two-month public consultation on the method for selecting the Chief Executive (CE) by universal suffrage. The consultation period will end on March 7, 2015. The SAR Government hopes that different sectors of the community could, under the Basic Law and the legal framework laid down by the Decision of the Standing Committee of the National People's Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016 (Decision), discuss in a rational and pragmatic manner and forge consensus, so that the people of Hong Kong could elect the CE by universal suffrage through "one person, one vote" in 2017.
Since the formal launch of the public consultation, information regarding the activities attended by members of the Task Force on Constitutional Development and other relevant Government officials have been uploaded to the website of the Public Consultation on the Method for Selecting the Chief Executive by Universal Suffrage (www.2017.gov.hk), and will be included in the consultation report. Similarly, submissions received during the consultation period will be truthfully disclosed in the consultation report and uploaded to the aforementioned public consultation website.
The public consultation on the method for selecting the CE by universal suffrage is still under way. Under the premise that the discussion should be in accordance with the Basic Law and the Decision, the SAR Government is willing to have rational and pragmatic discussions with different groups and persons regarding the specific method for selecting the CE by universal suffrage.
After the conclusion of the public consultation, the SAR Government will consolidate and summarise the views received as soon as possible, with a view to submitting in the second quarter of 2015 a resolution to the Legislative Council (LegCo) to amend Annex I to the Basic Law regarding the method for selecting the CE, and securing support from a two-thirds majority of all Members of the LegCo.
We are aware that an individual Member of the LegCo has expressed his plan to resign from his office, triggering on purpose and taking advantage of a by-election to create a so-called "referendum". The SAR Government reiterates that the constitutional and legal system of Hong Kong does not provide for any referendum mechanism. The so-called "referendum" has no constitutional basis or legal effect. Should there be any vacancy in the LegCo, the SAR Government will handle the issues regarding a by-election in accordance with the law.
As regards the suggestion of the SAR Government helping to invite officials of the Central Authorities to have a direct dialogue with LegCo Members, our position all along is that the SAR Government is willing to provide appropriate assistance if it is so wished by a majority of Members.
Finally, regarding the question on external forces, the CE has already responded in various occasions. The SAR Government has nothing further to supplement.
Ends/Wednesday, February 4, 2015
Issued at HKT 14:30
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