Report on the Recent Community and Political Situation in Hong Kong
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LC Paper No. CB(2)569/14-15(01) Report on the Recent Community and Political Situation in Hong Kong January 2015 Content Chapter One: Background 1 Chapter Two: Summary of Important Events Related to 5 Constitutional Development Chapter Three: Relevant Opinion Polls 20 Chapter Four Concluding Remarks 21 Annex I: Decision of the Standing Committee of the National 22 People’s Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016 (Adopted at the Tenth Session of the Standing Committee of the Twelfth National People’s Congress on 31 August 2014) Annex II: Events Related to Constitutional Development 28 During the Report Period Appendix I: Statements Related to Constitutional Development * Made by Various Groups Appendix II: Opinion Polls Related to Constitutional * Development Conducted by Various Organisations * The above appendices have been uploaded to www.2017.gov.hk. Members of the public may visit the website to browse the contents of the appendices. i Chapter One: Background Constitutional Provisions 1.01 Article 45 of the Basic Law provides that: “The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.” 1.02 Since the establishment of the Hong Kong Special Administrative Region (HKSAR), the political structure of Hong Kong has been developing towards the ultimate aim of universal suffrage in a gradual and orderly manner in accordance with the Basic Law. In accordance with the principles of “One Country, Two Systems”, “Hong Kong people administering Hong Kong” and a high degree of autonomy, and the relevant provisions of the Basic Law, the office of the Chief Executive (CE) is filled by Chinese citizens who are permanent residents of the HKSAR; elections have been held for four terms of the CE: the first term CE was nominated and elected by a Selection Committee, and the second to fourth term CEs were nominated and elected by the Election Committee (EC). The size of the Selection Committee and the EC has gradually expanded from 400 members in 1996, to 800 in 2002 and 1 200 in 2012. 1.03 According to The Interpretation by the Standing Committee of the National People’s Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region adopted on 6 April 2004 (Interpretation), amendments to the method for selecting the CE have to go through the “Five-step Process” – First Step: the CE to make a report to the Standing Committee of the National People’s Congress (NPCSC), so as to invite the NPCSC to decide whether it is necessary to amend the method of selection; 1 Second Step: the NPCSC to make a determination on whether any amendment to the method of selection may be made in accordance with Article 45 of the Basic Law, the actual situation of the HKSAR, and the principle of gradual and orderly progress; Third Step: if the NPCSC determines that amendments to the method of selection may be made, the HKSAR Government to introduce to the Legislative Council (LegCo) a resolution on the amendments to the method for selecting the CE, to be passed by a two-thirds majority of all LegCo Members; Fourth Step: the CE to consent to the resolution as passed by the LegCo; and Fifth Step: the CE to lodge the relevant bill to the NPCSC for approval. 1.04 On 29 December 2007, the NPCSC adopted the Decision of the Standing Committee of the National People’s Congress on Issues Relating to the Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region and for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2012 and on Issues Relating to Universal Suffrage, thereby setting the timetable for universal suffrage, i.e., the election of the fifth CE of the HKSAR in the year 2017 may be implemented by the method of universal suffrage; and after the CE is selected by universal suffrage, the election of the LegCo of the HKSAR may be implemented by the method of electing all the Members by universal suffrage. 1.05 On 4 December 2013, the HKSAR Government published the Consultation Document on the Methods for Selecting the Chief Executive in 2017 and for Forming the Legislative Council in 2016, launching a five-month public consultation to collect views widely from various sectors of the community on the related issues regarding the methods for selecting the CE in 2017 and for forming the LegCo in 2016. 2 1.06 On 15 July 2014, the HKSAR Government published the Report on the Public Consultation on the Methods for Selecting the Chief Executive in 2017 and for Forming the Legislative Council in 2016, to reflect objectively and truthfully the views received from different groups and people from various sectors of the community during the consultation period. On the same day, the CE submitted his report to the NPCSC to invite the NPCSC to make a determination on whether there is a need to amend the methods for selecting the CE in 2017 and for forming the LegCo in 2016, and formally kick-started the “Five-step Process” of constitutional development. The CE recommended that there was a need to amend the method for selecting the CE in 2017 in order to attain the aim of universal suffrage; and that the method for forming the LegCo in 2016 in Annex II to the Basic Law need not be amended. 1.07 On 31 August 2014, the NPCSC adopted the Decision of the Standing Committee of the National People’s Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016 (Decision), which marks the completion of the Second Step of the “Five-step Process” of constitutional development, and formally determines that universal suffrage for the CE election through “one person, one vote” could be implemented starting from 2017. The full text of the Decision is at Annex I. Recent Developments 1.08 Hong Kong is a pluralistic society, different groups and people may have different views towards constitutional development. All along, constitutional development has been an extremely controversial issue. After the NPCSC adopted the Decision, there are still quite divergent opinions in the society regarding how to implement universal suffrage for the CE election in accordance with the relevant provisions of the Basic Law. 1.09 The series of unlawful rallies, including protests and assemblies from end September 2014 to 15 December 2014, resulted in blockages of trunk roads in a number of districts in Hong Kong and aroused widespread concern in the community. As constitutional development was one of the issues that the 3 participants of such unlawful assemblies were concerned, there were suggestions that the HKSAR Government could reflect to the Central Authorities the opinions of different sectors of the community since the end of August 2014 regarding the Decision as well as constitutional development in future. 1.10 After considering the constitutional arrangements and the latest situation in the HKSAR, the HKSAR Government decided to submit, outside the “Five-step Process” of constitutional development, this “Report on the Recent Community and Political Situation in Hong Kong” to the Hong Kong and Macao Affairs Office of the State Council, to reflect objectively and truthfully events related to constitutional development from 31 August 2014 to 15 December 2014 (the report period) and the opinions and aspirations expressed by different sectors of the community. 1.11 The Annexes and Appendices to this Report have captured the important events related to constitutional development during the report period, relevant statements made by various groups, as well as related opinion polls for reference. Disclaimer 1.12 This Report is written based on relevant events, statements, and opinion polls obtained from public sources by the HKSAR Government; and has covered all categories of opinions to the best of our knowledge, though we cannot guarantee that opinions ever expressed by each and every group or person are included. 1.13 In relation to the statements made by various groups and relevant opinion polls included in the Annexes and Appendices to this Report, the version published by the relevant organisations shall prevail in case of any discrepancy. 1.14 This Report is a collection of materials in the public domain. The HKSAR Government has not undertaken any independent investigation to verify the accuracy of such materials. The HKSAR Government shall not be held responsible if any person, in using this Report, incurs any legal liability. 4 Chapter Two: Summary of Important Events Related to Constitutional Development 2.01 On 31 August 2014, the NPCSC adopted the Decision, which triggered different responses from various sectors of the Hong Kong community. All Members of the Executive Council expressed support for the Decision. Pro-establishment LegCo Members believed that after implementing universal suffrage, the system could be further improved, and called for the implementation of universal suffrage in Hong Kong as scheduled. On the other hand, pan-democratic LegCo Members told the media on separate occasions that they did not accept the framework as laid down by the Decision of the NPCSC, stating that they would reject the proposal on constitutional development.