Decision will help Hong Kong focus on tackling the local COVID-19 outbreak

This photo dated April 25, 2019 shows the exterior wall of the Legislative Council building at Tamar, Hong Kong. (PHOTO / HKSAR GOVERNMENT)

China’s top legislature adopted a decision on Aug 11 to continue the operation of the Hong Kong Special Administrative Region’s sixth Legislative Council for no less than one year.

The Standing Committee of the 13th National People’s Congress endorsed the decision at the close of its four-day meeting in Beijing. The decision stated that after the term of the sixth Legislative Council expires on Sept 30, it will continue to perform its duties for no less than one year until the term of the seventh Legislative Council begins. The election of the seventh Legislative Council was originally scheduled for Sept 6, but was postponed by one year due to the COVID-19 pandemic in the city.

The term of the seventh Legislative Council will still be four years after its election, according to the decision.

The 21st meeting of the 13th NPC Standing Committee heard the explanation of a bill submitted by the State Council (China’s Cabinet) on Aug 8 asking the Standing Committee to make a decision for the sixth Legislative Council to continue operation.

The members of the NPC Standing Committee conducted group deliberations on the draft decision. They agreed that the Legislative Council, as the legislature of Hong Kong, is an important part of Hong Kong’s political system and exercises important powers in enacting, amending and abolishing laws, reviewing and passing fiscal budgets and approving taxation and public expenditure.

The decision by Hong Kong’s chief executive and Hong Kong’s Executive Council to postpone the election for one year was due to the severe situation of the local COVID-19 outbreak, they said.

The NPC Standing Committee’s decision on the continued operation of the sixth Legislative Council was to maintain constitutional order and rule of law in Hong Kong and to ensure the normal administration of Hong Kong government as well as the normal operation of society, they said, adding that it is in line with the provisions of the Constitution and the Hong Kong Basic Law — the SAR’s mini-constitution — and is “necessary and appropriate”.

The Liaison Office of the Central People’s Government in the HKSAR said the decision, which was made in accordance with the nation’s Constitution and the SAR’s Basic Law, is of paramount legal authority that cannot be challenged.

Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor expressed her heartfelt gratitude for the decision, noting that it safeguards the SAR’s constitutional order and ensures the normal functioning of the SAR government, showing the support of the central authorities for the city.

The COVID-19 pandemic is still raging in Hong Kong, with 62 new cases recorded on Aug 12, bringing the total tally to 4,244, with 63 deaths.

Beijing’s decision will be seen as a ‘friendly message’ from the central government, said Phoon Wing Keong, assistant professor of humanities and social sciences at the Southern University College in Malaysia.

Noting the election for the seventh LegCo was postponed for one year, Phoon said the central and Hong Kong governments need to use this time to have more dialogues with different sectors of society to find a political solution for HK’s situation.

Hong Kong society in general is still rational and pragmatic as the majority of people still respect the law, said Phoon. “Beijing and the Hong Kong government need to jointly regain people’s confidence in the ‘one country, two systems’ principle.”

Noting that Hong Kong is experiencing a new wave of COVID-19 infections, Chung Ting Fai, founder of Chung Ting Fai & Co Advocates and Solicitors, a law firm in Singapore, said postponing the LegCo election is a logical decision to make. 

“For countries and regions that are having a COVID-19 resurgence, it is not very wise to allow large gatherings for an election,” he said.

The NPC Standing Committee has the right the make the decision on the continued operation of the current LegCo, said Chung.

“If Beijing does not make this decision, Hong Kong will be in danger of falling into anarchy,” said Chung, noting such a decision can address the legislative vacuum.

Contact the writers at zhangyangfei@chinadaily.com.cn