CE seeks advice on LegCo vacuum

July 31, 2020

Chief Executive Carrie Lam:
It is true that while we could use the Emergency Regulations Ordinance to postpone the Legislative Council election by one year, we could not in the same regulation sort of empower the continued operation of the sixth-term LegCo because there is Article 69 of the Basic Law, which prescribes that every term of LegCo, except for the first term, should have a duration of four years. So, there is indeed a problem to address, and that’s why I have submitted an urgent report to the Central People's Government to seek advice and guidance. 

I am very grateful that the State Council has given me a very expeditious reply. And the reply says that first, they support our decision made by the Chief Executive in Council to postpone the LegCo election by one year on the grounds of public interest. And second, they acknowledged that there will be this problem of the status of LegCo, or a lacuna in LegCo, as a result of the postponement. So what their guidance and advice to me is: the State Council will make a submission to the National People's Congress Standing Committee for its decision. I’m not in a position to tell you what that particular decision will be because it has not been said in the reply from the State Council given to me, but I am sure that a solution could be found because the National People's Congress Standing Committee is the highest organ of power in the People's Republic of China. And over the years, various decisions and interpretations have been made to address problems faced in the Hong Kong Special Administrative Region. 

But if you ask me, I would say that a logical solution will be what is stated in section 11 of the Legislative Council Ordinance for emergency meetings, which is to allow the preceding LegCo, that is the sixth-term LegCo members to come back and to continue their business, ie to extend the term of the sixth-term LegCo by one year. But this is my personal view as the Chief Executive. It is not the content of the decision to be made by the National People's Congress Standing Committee.

(To watch the full press conference with sign language interpretation, click here.)

Chief Executive Carrie Lam today said she has sought the advice of the Central People’s Government to address a legislative vacuum that will be caused by the postponement of the Legislative Council election.

Speaking at a press conference this evening, Mrs Lam said the Government could use the Emergency Regulations Ordinance to postpone the LegCo election by one year.

But she explained that the same regulation could not empower the continued operation of the sixth-term of LegCo.

This is because Article 69 of the Basic Law states that every term of LegCo, except for the first term, should have a duration of four years.

“So, there is indeed a problem to address, and that’s why I have submitted an urgent report to the Central People's Government to seek advice and guidance.”

Mrs Lam pointed out that the State Council has already responded.

“The reply says that first, they support our decision made by the Chief Executive in Council to postpone the LegCo election by one year on the grounds of public interest.

“And second, they acknowledged that there will be this problem of the status of LegCo, or a lacuna in LegCo, as a result of the postponement. So what their guidance and advice to me is: the State Council will make a submission to the National People's Congress Standing Committee for its decision.

“I am sure that a solution could be found because the National People's Congress Standing Committee is the highest organ of power in the People's Republic of China. And over the years, various decisions and interpretations have been made to address problems faced in the Hong Kong Special Administrative Region.”

The Chief Executive also said a solution could be found in section 11 of the Legislative Council Ordinance for emergency meetings.

“If you ask me, I would say that a logical solution will be what is stated in section 11 of the Legislative Council Ordinance for emergency meetings, which is to allow the preceding LegCo, that is the sixth-term LegCo members to come back and to continue their business.

“But this is my personal view as the Chief Executive. It is not the content of the decision to be made by the National People's Congress Standing Committee.”