V. Development of Democracy in Hong Kong Is Back on Track
The 2019 turmoil was a painful blow to national security, the rule of law, and social and economic stability in Hong Kong. At the Fourth Plenary Session of the 19th CPC Central Committee concluded on October 31, 2019, the following decisions were made: to reinforce the legal framework and supporting mechanisms for safeguarding national security in the special administrative regions; to support the regions in strengthening law enforcement; to improve the systems and mechanisms for enforcing the Constitution and the Basic Law in the two regions; to ensure Hong Kong and Macao are governed by patriots; to build up the capacity of the special administrative regions to govern in accordance with the law; to grant zero tolerance to any attempt to challenge the One Country, Two Systems principle or divide the country. The central government responded swiftly to the turmoil by taking a series of decisive measures that addressed both the symptoms and root causes of the unrest, restored order, and brought Hong Kong and democracy back on track.
1.Formulating and Enforcing the Hong Kong National Security Law Has Created Favorable Conditions for the Development of Democracy
National security is of paramount significance for any country. The central government bears a fundamental responsibility for matters of national security pertaining to the HKSAR, and the HKSAR bears a constitutional responsibility for safeguarding national security. On May 28, 2020, at the Third Session of the 13th NPC, the Decision on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the Hong Kong Special Administrative Region was adopted. The decision set the guidelines on establishing the legal framework and supporting mechanisms for safeguarding national security in the HKSAR. It authorized the NPC Standing Committee to formulate legislation to effectively prevent, halt, and punish any acts and activities severely jeopardizing national security in the region. On June 30, the NPC Standing Committee passed the Hong Kong National Security Law and included it in Annex III to the Basic Law. On the same day, the HKSAR government released the Hong Kong National Security Law and had it published on The Government of the Hong Kong Special Administrative Region Gazette for enforcement.
The Hong Kong National Security Law stipulates four offenses - secession, subversion of state power, organization and perpetration of terrorist activities, and collusion with a foreign country or with external elements to endanger national security - and the corresponding penalties. This law improves the enforcement mechanisms for safeguarding national security at both national and HKSAR levels, and it defines the criteria for eligibility and the required qualifications of candidates or nominees for public service positions in Hong Kong. The promulgation and enforcement of the Hong Kong National Security Law provides a strong legal safeguard for protecting national security in Hong Kong. It has dealt a heavy blow to extremist advocates of independence, and it has been instrumental in quickly quelling riots and restoring order in Hong Kong. The law marks a milestone in advancing the cause of One Country, Two Systems.
Whatever form of democracy runs in any country, it must first and foremost safeguard national security. There can never be workable, authentic democracy without security. To safeguard national security and to develop democracy in the HKSAR, solid measures must be taken to prevent, halt, and punish offenses that seriously undermine national security. The enforcement of the Hong Kong National Security Law has created favorable conditions for restoring order to the process of building democracy in Hong Kong.
2.Rules Have Been Formulated for Hong Kong Public Servants to Stand for Election, Assume Office, and Take the Oath of Office
On November 7, 2016, following an incident when some members of the Sixth Legislative Council of the HKSAR insulted China and the Chinese nation when taking the oath of office, the NPC Standing Committee adopted the Interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. The interpretation prescribes that upholding the Basic Law and pledging allegiance to the HKSAR are the legal requirements and prerequisites for standing for election or assuming public office in Hong Kong. The interpretation defines the act of taking the oath of office in accordance with the law as well as its legal weight and the legal responsibility it entails. It thus sets rules for oath-taking by members of the Legislative Council and other holders of public office in Hong Kong, and serves as a legal safeguard to prevent agitators from infiltrating the Hong Kong government system by means of elections.
On August 11, 2020, in response to a proposal made to the State Council by the Chief Executive to avoid the absence of a legislature caused by the postponement of the Seventh Legislative Council election due to Covid-19, the NPC Standing Committee adopted the Decision on the Continuing Discharge of Duties by the Sixth Legislative Council of the Hong Kong Special Administrative Region. The decision affirmed that after September 30, 2020, the Sixth Legislative Council of the HKSAR would continue to discharge duties for no less than one year until the Seventh Legislative Council started functioning.
On November 11, 2020, to resolve disputes concerning the continued qualification of a few members of the Legislative Council, the NPC Standing Committee adopted the Decision on Issues Relating to the Qualification of the Members of the Legislative Council of the Hong Kong Special Administrative Region. It provides that a member of the Legislative Council of the HKSAR should be immediately disqualified if he or she is determined, in accordance with the law, to have committed one of the following acts:
•advocates or supports "Hong Kong independence";
•refuses to recognize China’s sovereignty over Hong Kong and its exercise of such sovereignty;
•seeks intervention by external forces in the affairs of Hong Kong;
•carries out other activities endangering national security;
•fails to meet the legal requirements and conditions of endorsing the Basic Law and pledging allegiance to the HKSAR.
The decision further defines the legal qualification of members of the Legislative Council and improves the relevant system and mechanism.
3. The Electoral System of Hong Kong Has Been Improved
On March 11, 2021, the Decision on Improving the Electoral System of the Hong Kong Special Administrative Region was adopted at the Fourth Session of the 13th NPC. The decision defines the basic principles and core elements for improving Hong Kong's electoral system, and authorizes the NPC Standing Committee to amend Annex I and Annex II to the Basic Law.
On March 30, at its 27th Session, the 13th NPC Standing Committee unanimously passed the amended 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". The amended Annex I and Annex II came into force on March 31, and the methods previously in force ceased to apply.
The Hong Kong government then implemented the decision and the amended Annex I and Annex II through local legislation. It proposed a bill on the amendment of local laws, including 8 principal laws and 24 subsidiary laws. On May 27, 2021, the Legislative Council passed the Improving Electoral System (Consolidated Amendments) Bill 2021, thus completing the improvements to Hong Kong's electoral system.
•Fully and faithfully implementing the policy of One Country, Two Systems, abiding by the Constitution, the Basic Law and the relevant decisions of the NPC, resolutely safeguarding China’s sovereignty, security and development interests, resolutely opposing external interference, and maintaining enduring peace and order in Hong Kong;
•Fully implementing the principle of Hong Kong patriots governing Hong Kong, keeping the power to govern Hong Kong firmly in the hands of those who love the country, and ensuring the legitimate rights and interests of Hong Kong residents;
•Upholding the rule of law and its authority in Hong Kong, safeguarding the order established by the Constitution and the Basic Law, and holding to account anyone guilty of violating the law or undermining the rule of law;
•Making the Election Committee and the Legislative Council more representative, expanding balanced and orderly political participation, and safeguarding the overall and fundamental interests of Hong Kong;
•Improving coordination between the executive and the legislature, improving governance, and reducing political conflict and internal strife.
The improvements cover three areas:
First, the Election Committee has been restructured, with its membership enlarged, its sectors increased in number, its delimitation of sectors improved, and its functions enhanced.
•The membership of the Election Committee is increased from 1,200 to 1,500; the number of sectors increased from 4 to 5, with each comprising 300 members. The additional Fifth Sector is composed of Hong Kong deputies to the NPC, Hong Kong members of the CPPCC National Committee, and representatives of Hong Kong members of relevant national organizations. The term of office of the Election Committee is five years, and members of the Election Committee must be permanent Hong Kong residents.
•There are specific provisions concerning the delimitation and allocation of seats, and the formation of the 40 subsectors under the five sectors of the Election Committee, with the delimitation of sectors further improved. The three constituent groups that previously formed the Election Committee will continue to supply members – ex-officio members, validly nominated members, and validly elected members.
•The functions of the Election Committee have been improved and expanded: Its function of electing the Chief Executive designate from the list of nominations is retained; its function of electing some members of the Legislative Council is restored; and its role in nominating candidates for the Legislative Council is added.
The restructured Election Committee has a wider social basis. It is more representative, with more balanced participation by all sectors of society. It thus better represents the overall and fundamental interests of Hong Kong as an international, pluralistic and highly-developed capitalist society, and it fully conforms to the constitutional status and realities of Hong Kong as a local administrative region under the direct jurisdiction of China's central government.
Second, provisions are made concerning the methods for the selection of the Chief Executive and the formation of the Legislative Council. The basic elements of the previous system for selecting the Chief Executive are retained, while the nomination mechanisms are adjusted to ensure that the Chief Executive must be a loyal patriot trusted by the central government. The priority is to reform the voting procedures of the Legislative Council so as to strike a better balance between the overall interests of Hong Kong society, the interests of individual sectors, and the interests of the various parts of Hong Kong. The number of members of the Legislative Council has increased from 70 to 90; of these, 40 members are returned by the Election Committee, 30 by functional constituencies, and 20 by geographical constituencies through direct election. There are specific provisions regarding the nomination of candidates for the Legislative Council, voter eligibility, and voting methods.
Third, the system of candidate eligibility review is improved. The Candidate Eligibility Review Committee is established, which is responsible for reviewing the eligibility of candidates for the Election Committee, nominees for the Chief Executive, and candidates for the Legislative Council. This is to ensure that the principle of Hong Kong patriots governing Hong Kong is fully implemented and that those who seek to overturn Hong Kong's constitutional order and destabilize Hong Kong are disbarred from participation in Hong Kong's government system.
On September 19, 2021, the polls closed in Hong Kong's 2021 Election Committee Subsector Election, the first major election held successfully under the improved electoral system.
Held on December 19, the elections for the Seventh Legislative Council were open, fair, secure and clean, representing another step forward for democracy in Hong Kong.
Hong Kong's new electoral system has the following characteristics and strengths:
First, it is broadly representative. The new electoral system has attracted an impressive range of candidates from a diversity of backgrounds. Among them are representatives of business, academia and the professions, as well as workers, employees, and operators of small and medium-sized enterprises from the grassroots. They include natives of Hong Kong, residents from the mainland and Taiwan who have come to live and work in Hong Kong, and naturalized foreign residents. They range from political veterans to a new generation of young people full of energy and innovation. Ordinary people including residents from public housing and subdivided apartment complexes, bus drivers, and electricians are all likely candidates for the Legislative Council. This would never have happened in Hong Kong in the past.
Second, it is politically inclusive. Elections should reflect more than one voice. Candidates for the Legislative Council represent various political groups and interests from different points on the political spectrum, espousing different political philosophies, and aspiring to different goals. This shows clearly the open and inclusive nature of the new electoral system. Upholding the principle of loving the country and Hong Kong, the new electoral system has expanded the boundaries of political involvement in line with the fundamental interests of Hong Kong: the sustained implementation of One Country, Two Systems, the long-term prosperity and stability of Hong Kong, and the pursuit of a better life for the people of Hong Kong.
Third, it ensures balanced participation. The new electoral system has optimized the composition of the Legislative Council by dividing membership among those returned by the Election Committee, by functional constituencies, and by geographical constituencies through direct elections. Participation of all social groups and all constituencies in the legislature ensures balanced political representation - diverse interests are thus taken into consideration. While ensuring the sound development of capitalism, the system conforms to Hong Kong's realities and enables the Legislative Council to better represent the overall interests of Hong Kong, protect the interests of all social groups and geographical constituencies, and reflect public opinion in a more comprehensive way.
Fourth, it guarantees fair competition. All 90 seats in the Legislative Council elections were contested - the first time since Hong Kong's return to China. The new electoral system attaches greater importance to the competence and quality of candidates, thus making election activities more rational, fair and orderly, and it addresses a higher level of attention to issues such as people's lives and regional development. All candidates compete on the same platform, campaigning on their expertise, policies, ideas, contributions, and sense of responsibility.
Prior to the handover, the UK tried to impose elements of a fake Western-style democracy on Hong Kong. Since the handover, local agitators have created polarization and social disorder resulting in economic imbalance and ineffective regulation. None of this has ever helped Hong Kong residents to enjoy genuine democracy. The new electoral system has brought benign, rational, fair and clean competition back to elections, so that the true purpose of elections is achieved, to the greater benefit of the people of Hong Kong.
Obviously, Hong Kong's improved electoral system gives full expression to the policy of One Country, Two Systems and the Basic Law in line with Hong Kong's realities.
•It is based on the principle of One Country while respecting the differences between the Two Systems.
•It is guided by the principle of Hong Kong patriots governing Hong Kong; it closes the loopholes in the previous electoral system, and is open and inclusive.
•It ensures both extensive and balanced participation.
•It reinforces both electoral democracy and consultative democracy.
•It safeguards state authority and improves governance.
•It promotes good governance and upholds and realizes the democratic rights of the Hong Kong people.
The improved electoral system shows that democracy in Hong Kong is advancing with the times. This system ensures the sound long-term development of democracy in Hong Kong, and fosters favorable conditions necessary for the election by universal suffrage of the Chief Executive and the Legislative Council.
According to the Constitution, the system of people's congresses is China's fundamental political system. The NPC is the highest organ of state power, and its permanent institution is the NPC Standing Committee. The NPC and its Standing Committee exercise the legislative power of the state, the power to decide on major issues, the power to appoint and remove top-level officials, and the power of oversight. The NPC Standing Committee has the power to interpret the Constitution and laws. The system of people's congresses provides a fundamental institutional safeguard for the policy of One Country, Two Systems.
Since the 1980s, the NPC and its Standing Committee have played a vital role in approving the Sino-British Joint Declaration, drafting and enacting the Basic Law, deciding on the establishment of the HKSAR, addressing complex political and legal issues in the transition period, and meeting new challenges encountered in the course of implementing the policy of One Country, Two Systems since Hong Kong's return to China.
In particular, in response to the 2019 turmoil, the NPC and its Standing Committee have fulfilled their constitutional responsibilities and made a series of sound and timely decisions - enacting the Hong Kong National Security Law, amending Annex I and Annex II to the Basic Law, and improving Hong Kong's electoral system. The NPC and its Standing Committee have thus played a critical role in quelling riots and restoring order in Hong Kong. They have ensured that the development of democracy in Hong Kong will continue to make orderly progress, and that the policy of One Country, Two Systems and the Basic Law are fully and faithfully implemented and enforced.
By making all these efforts to develop and improve democracy in Hong Kong, the central government aims to ensure the success of the policy of One Country, Two Systems, to enable the Hong Kong residents to better exercise their democratic rights, and to maintain Hong Kong's long-term stability and prosperity. The central government will continue to steer the course for the development of democracy in Hong Kong and support this endeavor, and it will continue to resolutely uphold the fundamental interests of all the people in Hong Kong.
