LCQ2: Work to draw up and refine the relevant requirements in respect of the powers vested in the Central Authorities as set out in the Basic Law
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Question:
On May 27 this year, the Chairman of the Standing Committee of the National People's Congress said, at a forum held in Beijing for commemorating the 20th anniversary of the implementation of the Basic Law (BL) in the Hong Kong Special Administrative Region (HKSAR), that with regard to the powers vested in the Central Authorities, which encompassed the power in respect of filing and examination of HKSAR laws, the power to appoint the Chief Executive (CE) and the principal officials, the power to interpret and amend BL, the power to decide on issues of constitutional development of HKSAR, the powers of the Central Government to issue directives to CE as well as to hear CE report on work and reporting, etc., it was necessary to draw up and refine the relevant requirements, so as to perfect an operable system and mechanism for implementing BL and ensure the comprehensive, accurate and thorough implementation of BL. In this connection, will the Government inform this Council:
(1) whether it has approached the Central Authorities to gain an understanding of whether it is imperative to carry out the work to draw up and refine the relevant requirements in respect of the various powers vested in the Central Authorities mentioned above; if it has and the reply is in the affirmative, whether it knows the details of and the procedure for such work to be undertaken by the Central Authorities;
(2) whether it has assessed how the Central Authorities, in drawing up and refining the relevant requirements, will avoid contravening the principles of "one country, two systems" and the implementation of "Hong Kong people administering Hong Kong" and "a high degree of autonomy" in HKSAR which are set out in BL; if it has assessed, of the outcome; if not, the reasons for that; and
(3) whether it has assessed if the level of trust of Hong Kong people in the Central Authorities will decrease upon the Central Authorities' completion of the work to draw up and refine the relevant requirements; if it has assessed, of the outcome; if not, the reasons for that?
Reply:
President,
Our consolidated reply to the question raised by the Hon Wu is as follows:
Article 31 of the Constitution of the People's Republic of China (the Constitution) provides that "[t]he State may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress (NPC) in the light of specific conditions." Article 62 of the Constitution prescribes the functions and powers that may be exercised by the NPC, including, as provided by sub-paragraph (13): "to decide on the establishment of special administrative regions and the systems to be instituted there".
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (the Basic Law) is the constitutional document for the Hong Kong Special Administrative Region (HKSAR) and also a national law of the State. The Basic Law was enacted by the NPC in accordance with the Constitution, prescribing the systems to be practised in the HKSAR. Since Hong Kong's return to the Motherland, Hong Kong has been implementing "one country, two systems", "Hong Kong people administering Hong Kong" and a high degree of autonomy in accordance with the Basic Law. The basic policies of the People's Republic of China regarding Hong Kong have been fully implemented as per the provisions of the Basic Law.
The question has referred to the speech made by Mr Zhang Dejiang, Chairman of the Standing Committee of the NPC (NPCSC) at the "Seminar Commemorating the 20th Anniversary of Implementing the Basic Law of Hong Kong Special Administrative Region" on May 27 this year. In his speech, Mr Zhang reviewed the successful implementation of "one country, two systems" in Hong Kong and summarised the valuable experience gained in implementing the Basic Law. He elaborated particularly on three areas, including the enactment and implementation of the Basic Law, the experience in implementing the Basic Law and ways to further enhance the thorough implementation of the Basic Law. Mr Zhang not only spoke on the background, drafting and consultation process of the Basic Law, but also summarised the successful experience in implementing "one country, two systems" and the Basic Law in the past 20 years.
In fact, the Basic Law has set out clearly the relationship between the Central Authorities and the HKSAR, as well as the constitutional powers vested in the Central Authorities. For instance, Article 1 of the Basic Law states that "[t]he Hong Kong Special Administrative Region is an inalienable part of the People’s Republic of China". Article 12 of the Basic Law stipulates that "[t]he Hong Kong Special Administrative Region shall be a local administrative region of the People's Republic of China, which shall enjoy a high degree of autonomy and come directly under the Central People’s Government".
With regard to the appointment of the Chief Executive (CE) and principal officials, Article 45(1) and Article 15 of the Basic Law prescribe, respectively, that "[t]he Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People’s Government", and that "[t]he Central People's Government shall appoint the Chief Executive and the principal officials of the executive authorities of the Hong Kong Special Administrative Region in accordance with the provisions of Chapter IV of the Basic Law".
On the reporting of enacted laws for record, Article 17 of the Basic Law provides that "[l]aws enacted by the legislature of the Hong Kong Special Administrative Region must be reported to the Standing Committee of the National People's Congress for the record. The reporting for record shall not affect the entry into force of such laws. If the Standing Committee of the National People's Congress, after consulting the Committee for the Basic Law of the Hong Kong Special Administrative Region under it, considers that any law enacted by the legislature of the Region is not in conformity with the provisions of the Basic Law regarding affairs within the responsibility of the Central Authorities or regarding the relationship between the Central Authorities and the Region, the Standing Committee may return the law in question but shall not amend it".
Besides, the power of interpretation and the power of amendment of the Basic Law are respectively set out in Article 158(1) and Article 159(1) of the Basic Law, stating that "[t]he power of interpretation of the Basic Law shall be vested in the Standing Committee of the National People's Congress", and "[t]he power of amendment of the Basic Law shall be vested in the National People's Congress" respectively.
As regards constitutional development, Articles 45 and 68 of and Annexes I and II to the Basic Law prescribe in detail the methods for selecting the CE as well as for forming the Legislative Council. The constitutional powers and role of the NPCSC are clearly spelt out in the provisions therein.
Lastly, regarding the duty visits made by the CE to report on his work as mentioned in the question, it is stipulated in Article 43 of the Basic Law that the CE shall be the head of the HKSAR and represent the HKSAR, and be accountable to the Central People's Government and the HKSAR in accordance with the provisions of the Basic Law. Article 48 of the Basic Law also stipulates that the CE shall lead the government of the HKSAR; be responsible for the implementation of the Basic Law and other laws which, in accordance with the Basic Law, apply in the HKSAR; implement the directives issued by the Central People's Government in respect of the relevant matters provided for in the Basic Law; and conduct, on behalf of the HKSAR Government, external affairs and other affairs as authorised by the Central Authorities. To implement these important constitutional requirements, since Hong Kong's return to the Motherland, it has been the practice of all CEs to report annually to the State leaders the latest situation and development in the HKSAR through the duty visit arrangement.
Mr President, since the implementation of the Basic Law, the above-mentioned constitutional powers have been exercised by the Central Authorities in accordance with law. All these powers are substantive powers. During the 20 years since Hong Kong’s return to the Motherland, both the Central Authorities and HKSAR Government have already accumulated valuable experience in these matters. Given the premise that the basic policies of "one country, two systems", "Hong Kong people administering Hong Kong" and a high degree of autonomy are implemented in compliance with the Basic Law, the institutionalisation by the Central Authorities of the powers vested in them by the Basic Law and the putting in place of an operable system and mechanism for implementing the Basic Law have a positive effect on the implementation of "one country, two systems".
Ends/Wednesday, July 5, 2017
Issued at HKT 13:12
Issued at HKT 13:12
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