Investor Presentaiton
30
FA
Are there any detailed and objective criteria for patriots? Does
loving our country mean loving the Chinese Communist Party?
As early as in 1984, Mr. Deng Xiaoping clearly articulated that the criteria of patriots
are to respect one's own nation, sincerely support the resumption of the exercise of
sovereignty over Hong Kong by the Motherland, and not to impair Hong Kong's prosperity
and stability.
Article 104 of the Basic Law stipulates that the Chief Executive, principal officials,
members of the Executive Council and of the Legislative Council, judges of the courts
at all levels and other members of the judiciary must, in accordance with law, "swear to
uphold the Basic Law of the Hong Kong Special Administrative Region of the People's
Republic of China and swear allegiance to the Hong Kong Special Administrative Region of
the People's Republic of China" when assuming office. In response to the improper behavior
during oath taking by a number of legislators of the Sixth Term of the LegCo, the Standing
Committee of the NPC made the Interpretation of Article 104 of the Basic Law in November
2016. The LegCo is now scrutinising the Public Offices (Candidacy and Taking Up Offices)
(Miscellaneous Amendments) Bill 2021 introduced by the HKSAR Government. The Bill
specifies the oath taking requirement, the legal requirements and conditions of
"upholding the Basic Law and bearing allegiance to the HKSAR", and provides a set of
detailed and objective criteria with a positive list and a negative list as prescribed in the law.
The patriots in HKSAR's political structure must always adhere to the principle of
"One Country" and respect the differences of "Two Systems". Article 1 of the Constitution
of the People's Republic of China clearly stipulates that the socialist system is the
fundamental system of the People's Republic of China. Leadership by the Communist
Party of China is the defining feature of socialism with Chinese characteristics. It is
prohibited for any organisation or individual to damage the socialist system. Patriots
must respect and should not attack the fundamental system and characteristics of our
Country. Article 5 of the Basic Law stipulates that the socialist system and policies
shall not be practised in the HKSAR, and the previous capitalist system and way of
life shall remain unchanged for 50 years. As mentioned by President Xi Jinping in
his speech at the meeting celebrating the 20th Anniversary of Hong Kong's Return
to China and the Inaugural Ceremony of the Fifth-term Government of the HKSAR
on 1 July 2017, the Central Authorities should ensure the success of development
on the Mainland which practises the socialist system as well as the success of
development in Hong Kong which practises the capitalist system.
T5
Adjusting the Election Committee is the core element of
improving electoral system this time. It is endowed with
the new function of electing 40 legislators and nominating
candidates for the LegCo elections. Does it imply that the
Central Authorities would like to control the composition of
the LegCo?
As pointed out by Mr. Wang Chen, the Vice Chairman of the Standing Committee of
the NPC in the Explanation of the Draft Decision, the overarching approach for
improving the electoral system of the HKSAR is to enhance the balanced and orderly
political participation in the political structure and ensure broader representation in
the political structure through the reconstituted Election Committee which is entrusted
with the new functions, and creating a Candidate Eligibility Review Committee to
ensure that candidates comply with the "patriot” requirement, thereby establishing a
new democratic electoral system according to the actual situation of Hong Kong and with
Hong Kong characteristics. In the new system, the Election Committee will comprise
1 500 Members from five sectors, thereby enhancing its representation. The number
of seats in the LegCo will be increased from 70 to 90 and all of them will be returned
by election, thereby upholding HKSAR permanent residents' right to vote and to stand
for election.
The Election Committee, being broadly representative, will be composed of
representatives from different sectors and classes of Hong Kong community.
The broadly representative Election Committee will elect some of the legislators and
nominate candidates for the Leg Co elections. It will help go beyond the vested interests
of specific sectors, specific district and specific groups, which are inadequacies in
the existing system, and make the LegCo more representative of the overall interest
of Hong Kong.
On the other hand, the broadly representative Election Committee will elect the Chief
Executive and some legislators, creating common ground in the electorate of
Chief Executive and that of LegCo. It is conducive to the communication between
the executive authorities and the legislature as well as the implementation of
executive-led governance structure as enshrined in the Basic Law.
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