Translated by Littleleaf; Reviewed by Wencheng
XinHua News Agency report
It is adopted by the National People’s Congress (NPC) Standing Committee that any member of the Legislative Council will be deprived of the qualification for the membership once they are legally recognized as not meeting the legal requirements and criteria of upholding the Basic Law and being loyal to the HongKong SAR. This applies to those members who advocate and support the claim of HongKong independence. The decision also applies to those members of the Legislative Council who are disqualified by the returning officer in the Legislative Council General Election, originally scheduled this September as well as those future candidates or members of the Legislative Council.
According to many news agencies in HongKonng, right after the XinHua News Agency report, the government immediately accounced in the presss release that the Civic Party members Yang Yueqiao, Guo Rongqiang, Guo Jialing and The Professionals Guild member Liang Jichang are disqualified for the membership of the Legislative Council according to the Decison of the NPC Standing Committee.
According the full text of the decison published by XinHua News Agency, it is mentioned that the above motion was proposed at the request of the Chief Executive of HongKong SAR. That is to say the NPC decision to DQ disloyal Legislative Council members results from the request of Carrie Lam.
The Chairman of the NPC, Li Zhanshu said after the meeting that the Legislative Council is an important part of the public officials of HongKong SAR; that it is necessary and appropriate for the Standing Committee to make this decision, which is in the interest of all the Chinese people including HongKong citizens; that the decision can make One Country, Two Systems more perfect and maitian national security and Consitutional order in HongKong, which is beneficial to gather positive energy in HongKong and make concerted efforts to boost the economy and guarantee people’s livelihood.
Zhu Kaidi, a former member of the Legislative Council analyzed in his essay, that members once legally recognized as not upholding the Basic Law and being disloyal to HongKonng SAR will be immediately disqualified as is mentioned in the Decision, implies that both this NPC Decision and the Chief Executive DQ announcement cannot be challenged in HongKong court. This directly and completely ignores the power of the court and the Legislative Council to DQ the member. As long as any exective officer, including the returning officer, legally claims that a related member does not uphold the Basic Law and is disloyal to HongKong SAR, then this member can be disqualified.
Comments from a fellow fighter
From the Extradition Law Amendment Bill in 2019 to HongKong National Security Law in 2020, the central Chinese government has made all possible insitutions to crack down on the Legislative Council members elected by HongKong citizens.
As to the Decision made by the NPC Standing Committee on the qualification of the Legislative Council members in HongKong SAR, a chair professor in Public Law Chen Wenmin at the Law School of HongKong University argued that this Decision is utterly lawless. He pointed out that there must a court hearing even if a person violates the HongKong National Security Law. He emphasized that this Decision is made by arbitrary power of the central government, completely ignoring HongKong Law and the Basic Law. Professor Chen questions the meaning of the electoral system if the members are suddenly disqualified.
According to the full text of the Decison of the NPC published by XinHua News Agency, it is clearly written that the above motion was proposed at the request of the Chief Executive of HongKong SAR. That is to say the NPC decision to DQ disloyal Legislative Council members results from the request of Carrie Lam.
Carrie Lam completely gave up the HongKong judicial system at the mercy of the Chinese Communist Party and betrayed the Legislative Council members elected by HongKong citizens. She must make an explanation to all the HongKong citizens and to the history!
The above is only the writer’s personal opinion
News Source: Stand News, RTHK on Internet