'Civil referendum' in Hong Kong of 'no legal effect'
Print Edition
THE so-called “civil referendum” organized by some groups has no legal effect as it did not exist in the Basic Law of the Hong Kong Special Administrative Region and its domestic legislation, a Hong Kong government spokesman said yesterday.
“The HKSAR government has collected different views expressed by different groups and individuals in the community on the method for selecting the chief executive in 2017, particularly regarding the nominating procedures for CE candidates, during the five-month public consultation on constitutional development,” the spokesman said.
The SAR government has repeatedly stated that proposals on political development should be, legally, strictly in accordance with the Basic Law and relevant Interpretation and Decisions of the Standing Committee of the National People’s Congress; politically, the proposals should stand a reasonable chance of gaining the support of the community and securing passage by a two-thirds majority of the members of the Legislative Council; and operationally, the proposals should be practical and practicable, he said.
Regarding the “civic nomination” proposal advocated by some groups and individuals, the SAR government has repeatedly pointed out that according to Article 45 of the Basic Law, the power to nominate CE candidates is vested in the Nominating Committee only.
“We also note that there are many opinions in the community, including those from legal professional groups and individuals, that ‘civic nomination’ will bypass or undermine the substantive powers of the NC to nominate candidates and hence is, legally, highly controversial.
“Politically, such a proposal will unlikely be conducive to forging consensus, and operationally, the feasibility of implementation is questionable. In view of the controversies, the HKSAR government believes it is unlikely that such a proposal will be adopted,” he said.
The government appeals to the community to forge consensus in a rational and pragmatic manner and on the basis of the Basic Law and relevant Interpretation and Decisions of the NPCSC; and in discussing specific proposals, pay regard to the legal, political and operational aspects, with a view to implementing universal suffrage for the CE election in 2017, so that more than 5 million eligible voters will be able to elect the next CE by “one man, one vote,” he said.
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