Disqualified candidates should be banned from possible temporary LegCo: analysts

By Zhang Hui and Chen Qingqing Source: Global Times Published: 2020/8/7 20:13:40



LegCo File photo:Xinhua



The standing committee of China's top legislature is likely to approve a resolution during the four-day session starting Saturday on the outgoing Legislative Council (LegCo) of the Hong Kong Special Administrative Region (HKSAR) to avoid a potential "vacuum period" resulting from the postponed LegCo election.

Although the agenda of the Standing Committee of the 13th National People's Congress (NPC), which will convene its 21st session from Saturday to Tuesday in Beijing, has not mentioned discussions on the related issue, it's very likely that the topic will be proposed by the chairman of the NPC Standing Committee during the session, Chinese legal experts said on Friday. 

There have been growing calls in Hong Kong to extend the term of the current LegCo for one year, allowing a majority of the lawmakers to continue their work, but that previously disqualified candidates should banned from returning, analysts said. 

Kennedy Wong Ying-ho, solicitor of the Supreme Court of Hong Kong, told the Global Times on Friday that after being proposed by the chairperson, the arrangement is likely to be discussed by lawmakers, and then a decision is expected to be approved during the session.

The Basic Law of Hong Kong does not make clear about the detailed arrangement under such circumstances, and as the body that adopted the Basic Law, it's legitimate for the NPC Standing Committee to make the decision, Wong said. 

Hong Kong Chief Executive Carrie Lam said on July 31 that she submitted an emergency request to the central government on the legal questions of the postponement, and the State Council will submit it to the top legislature for a decision.

Tam Yiu-chung, a member of the NPC Standing Committee, also believes lawmakers will come up with a decision during the session on how to deal with the "vacuum period."

Tam, who arrived in Beijing on Friday, told the Global Times that he will report different opinions on whether a temporary LegCo should be established during the "vacuum period," and whether the previously disqualified candidates will be eligible for the temporary LegCo. 

Many analysts in Hong Kong urged not to let disqualified members back in the legislature. 

The decision to disqualify was made by the electoral officers in accordance with related laws and regulations, and the national legislature will take reference and respect the electoral officers' decision in arranging the LegCo, Wong said. 

Former chief executive Leung Chun-ying said that those disqualified candidates cannot be lawmakers anymore, as they have already been deemed ineligible, the Sing Tao Daily reported on Friday. 

Twelve candidates for the LegCo election previously scheduled in September, including secessionist Joshua Wong, have been disqualified for failing the requirements of the elections. 

In the "vacuum period," Wong said extending the term of the majority of the current lawmakers is feasible. Tan echoed that opinion and further suggested establishing a temporary LegCo. 

"It's necessary to establish a temporary LegCo to continue the important agenda, such as the budget. But defining the temporary LegCo remains to be decided," Tam said.



Posted in: HK/MACAO/TAIWAN,CHINA FOCUS

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