2015年3月19日 星期四

POST OCCUPY CENTRAL - DAY 93 (18-03-2015)



Occupy Central


Occupy Central

Occupy Central is a civil disobedience movement which began in Hong Kong on September 28, 2014. It calls on thousands of protesters to block roads and paralyse Hong Kong's financial district if the Beijing and Hong Kong governments do not agree to implement universal suffrage for the chief executive election in 2017 and the Legislative Council elections in 2020 according to "international standards." The movement was initiated by Benny Tai Yiu-ting (戴耀), an associate professor of law at the University of Hong Kong, in January 2013.



Umbrella Movement



The Umbrella Movement (Chinese: 雨傘運動; pinyin: yǔsǎn yùndòng) is a loose political movement that was created spontaneously during the Hong Kong protests of 2014. Its name derives from the recognition of the umbrella as a symbol of defiance and resistance against the Hong Kong government, and the united grass-roots objection to the decision of the Standing Committee of the National People's Congress (NPCSC) of 31 August.

The movement consists of individuals numbering in the tens of thousands who participated in the protests that began on 28 September 2014, although Scholarism, the Hong Kong Federation of Students, Occupy Central with Love and Peace,  groups are principally driving the demands for the rescission of the NPCSC decision.


Occupy Central site in Causeway Bay was cleared as police moved in  ...

POST OCCUPY CENTRAL - DAY 93:

Full coverage of the day’s events on 18-03


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Clear lines on the powers of choice



The Task Force on Constitutional Development headed by me has submitted its consultation report to the chief executive, and the CE has made a report to the National People's Congress Standing Committee, inviting it to decide whether methods for selecting the chief executive in 2017 and for forming the Legislative Council in 2016 should be amended.
This started the "five-step process" of constitutional development.

During the consultation, we appealed to Hong Kong people to have dialogue with us and highlighted the clear basis for introducing universal suffrage in the hope the community would seize the opportunity to achieve universal suffrage.

As pointed out in the consultation report, people are indeed looking forward eagerly to selecting the CE by one person, one vote, but the community is divided over important issues.

As we stand at the crossroads of selecting the CE by universal suffrage, it is worthwhile revisiting a few important perspectives with a view to reaching a consensus and finding a way forward.

First, the historical perspective.

The aim of selecting the CE and forming the Legco by universal suffrage was first set out in the Basic Law promulgated in 1990 - not the Sino- British Joint Declaration. At that time, the legislature had yet to put in place a mechanism of geographical direct elections, but the Basic Law promulgated by the National People's Congress had already incorporated the aim of selecting the CE and electing all Legco members by universal suffrage.

As for the timetable of selecting the CE by universal suffrage in 2017, it was set by the decision of the NPC Standing Committee in 2007. Without the Basic Law and that decision, we would not have any foundation to discuss the selection of CE by universal suffrage in 2017.

Second, we should look at the constitutional perspective.

For this, the state has established the Hong Kong Special Administrative Region under Article 31 of the constitution.

Article 2 of the Basic Law stipulates that the NPC authorizes the SAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the Basic Law.

Article 12 of the Basic Law provides that the SAR is a local administrative region with a high degree of autonomy but directly under the central government.

Being such a region as opposed to an independent polity, the political structure must follow requirements prescribed by the NPC in line with the constitution.

The central authorities play a clear and significant role in amending the methods for selecting the chief executive and forming the legislature. It is in the Basic Law that the chief executive, selected by universal suffrage, is appointed by the central government.

The chief executive is also required to implement directives from the central government in respect of matters provided for in the Basic Law.

So the selection of the CE by universal suffrage not only concerns the people of Hong Kong but is also important state business in terms of the relationship between central and local authorities.

Third is the legal perspective.

Article 45 of the Basic Law provides that the CE is selected by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.

Throughout the consultation period we stressed that discussion on constitutional development should be based on the Basic Law. We then stated in the consultation report that there are views in the community about any proposal bypassing or undermining the powers of the nominating committee to nominate candidates being highly unlikely to conform with provisions of the Basic Law.

Laws - especially those of a constitutional nature like the Basic Law - that have been formulated through reasonable legislative processes should never be freely interpreted or lightly abandoned. If the proposal put forward by the Hong Kong government for consideration by the community and Legco is contrary to the law, our constitutional reform will be on a wrong path and have a slim chance of success.

Fourth is the political perspective.

The most difficult step in the five-step process is to see a proposal passed by a two-thirds majority of Legco members. That means a proposal must receive cross-party support and political parties must adjust their stance and make compromises.

I understand that the political atmosphere in the community is tense at present. After the public consultation, a considerable number of people are expressing different opinions on constitutional development proposals. These opinions should be respected by the SAR government and Legco members.

I believe politics must work for the long-term and overall interests of the community.

A consensus on realizing the goal of universal suffrage is not unattainable if we bear the common good in mind, move a step further and try to resolve the differences or even stop insisting on some of one's own views. In my opinion, serving the common good is the true purpose of politics and the perspective from which our community should consider reform.

Last but not least, constitutional development should not be viewed solely from a historical perspective. We should also look forward.

Some people regard the universal suffrage system of 2017 as the final stage of constitutional development, which polarizes parties further in their views.

My view is that a relevant system could be refined after the implementation of universal suffrage. Implementing universal suffrage in 2017 for selecting chief executive is our first step. This will allow over five million eligible voters to elect the CE through one person, one vote.

Once in place, the arrangement will form an integral component of the SAR's constitutional system that will not turn back but only forge ahead and perhaps be further refined.

The first step in the five-step process of constitutional development will bring us closer to the goal of selecting the chief executive by universal suffrage.

After the NPC Standing Committee makes a decision on whether there is a need to amend the method for selecting the chief executive, the government will carry out a consultation on specific proposals around year's end.

I again call on the people of Hong Kong to continue the discussion in a rational and pragmatic manner, narrow the differences and reach a consensus on reform. Then we can achieve universal suffrage for selecting the CE in 2017. Carrie Lam is Chief Secretary for Administration



CE duty visit reports to remain under wraps




Reports submitted by Chief Executive Leung Chun-ying to the central government during his duty visits to Beijing will not be released for public scrutiny.

That was the word from Chief Secretary Carrie Lam Cheng Yuet-ngor at a Legislative Council meeting as pan- democratic lawmakers demanded the reports be made available publicly.

The Labour Party's Cyd Ho Sau-lan said people have a right to access the reports, to see whether Leung has truly reflected their aspirations on universal suffrage to the central government.

"The duty visits are an important part of the SAR's constitutional system," said Ho, adding that they are a bridge between the SAR and Beijing.

"How can we know whether Leung has truly reflected the latest situation in Hong Kong, leading to the result that Hong Kong people cannot achieve the aspirations on universal suffrage?"

Civic Party lawmaker Kenneth Chan Ka-lok argued: "It's nothing to do with state or national secrets. I see no reason why the government avoids being transparent and accountable."

Lam said during the annual duty visit, the chief executive meets with state leaders and makes oral reports.

"This is normally preceded by a written report to the central government," Lam said. It mainly covers the latest economic, social and political situation, work of the government, and matters that the government wishes to seek Beijing's support on, she said.

"State leaders have fully affirmed the work of the chief executive and the SAR government," Lam said.







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