NPCSC’s decision authoritative: CE

August 11, 2020

Chief Executive Carrie Lam today expressed her heartfelt gratitude to the Standing Committee of the National People's Congress (NPCSC) for its decision on the sixth-term Legislative Council of the Hong Kong Special Administrative Region.

 

According to the NPCSC’s decision, the sixth-term LegCo of the Hong Kong SAR will continue to discharge its duties for no less than one year until the commencement of the seventh-term LegCo.

 

The decision also stated clearly the seventh-term LegCo of the Hong Kong SAR will have a term of four years after it has been formed in accordance with the law.

 

In a statement, Mrs Lam said: "The NPCSC made an authoritative decision in accordance with the relevant provisions in the Constitution of the People's Republic of China and the Basic Law, fully resolving the issue of the lacuna in the legislature arising from the postponement of the election.

 

“It not only maintains the constitutional and legal order of the Hong Kong SAR, but also ensures the normal governance of the Hong Kong SAR Government and the normal operation of society. It demonstrates once again the care and support of the central government for the Hong Kong SAR.”

 

The Hong Kong SAR Government announced on July 31 that owing to the severe COVID-19 epidemic situation, the Chief Executive in Council decided to postpone the 2020 Legislative Council General Election, originally scheduled for September 6, for a year.

 

Article 69 of the Basic Law stipulates that the term of the LegCo shall be four years, except the first term which shall be two years. Therefore, the current term of the LegCo would end on September 30 and there would be a lacuna in the legislature before the formation of the seventh-term LegCo.

 

To resolve this problem, the Chief Executive, after the Executive Council had made the decision, submitted an urgent report to the Central People's Government seeking its support and guidance.

 

The State Council subsequently replied and expressed support for the Hong Kong SAR Government’s decision to postpone the election of the seventh-term LegCo by one year.

 

It also stated that it would make a submission in accordance with the law to the NPCSC for a decision on the issue of the lacuna in the legislature. The Chief Executive explained the grounds for the postponement of the election to the public on July 31.

 

The Hong Kong SAR Government will gazette the NPCSC’s decision in due course. It will also publish in the gazette the withdrawal of the Chief Executive’s earlier decision in accordance with section 6 of the Legislative Council Ordinance on the prorogation of the sixth-term LegCo, which was made having regard to the 2020 LegCo election.

 

The withdrawal will enable the sixth-term LegCo to resume operation at an early juncture when necessary.

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