Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

shall be applied to Hong Kong elections after 2007. The options are 2012 , 2017 or


after 2017 for the election of the chief executive, and 2012 , 2016 or after 2016 for the


Legislative Council. The Green Paper also gives a list of options to change


the ‘functional-constituency’ system. The chief executive submitted another report


to the Standing Committee of the NPC to seek a decision. Upon receiving the


report from the chief executive, the Standing Committee of the NPC decided that


the method of the 2012 election of the Hong Kong Legislative Council shall not be


altered at that moment, but the Standing Committee accepted that in 2017 the


chief executive could be elected through universal suffrage.^30 The Standing Com-


mittee of the NPC has also allowed for a change in the method of election of the


Chief Executive and the formation of the Legislative Council, on condition that


the number of members of functional constituencies and of the geographical


constituencies must be the same.


Another constitutional issue is the implementation of Article 23 of the Hong


Kong Basic Law. This issue derives from the Chinese leadership’s concern.


Chinese former paramount leader Deng Xiaoping famously opposed the idea that


Hong Kong may allow people to attack the Party by deeds, especially to ‘convert


Hong Kong into a base’ to oppose the mainland or to overthrow the socialist state.
31


Article 23 of the Hong Kong Basic Law prescribes:


The Hong Kong Special Administrative Region shall enact laws on its


own to prohibit any act of treason, secession, sedition, subversion


against the Central People’s Government, or theft of state secrets, to


Table 6. 1 Composition of the Legislative Council of the HKSAR


The Legislative


Council


Functional


constituencies


Geographical


constituencies Others


Term 1 ( 1998 – 2000 ) 30 20 10


Term 2 ( 2000 – 4 ) 30 24 6


Term 3 ( 2004 – 8 ) 30 30 0


Term 4 ( 2008 – 12 ) 30 30 0


Term 5 ( 2012 – 16 ) 35 nominally/ 30


substantially


35 nominally/ 40


substantially


0


(^30) Decision of the Standing Committee of the National People’s Congress on Issues Relating to
the Methods for Selecting the Chief Executive of the Hong Kong Special Administrative
Region and for Forming the Legislative Council of the Hong Kong Special Administrative
Region in the Year 2012.
(^31) Deng Xiaoping, ‘Speech at a meeting with the members of the Committee for Drafting the
Basic Law of the Hong Kong Special Administrative Region’, inSelected Works of Deng
Xiaoping(Beijing: Foreign Languages Press, 1995 ).


132 Wang and Tu

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