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OpinionComment
Teresa Cheng
Teresa Cheng

Opinion | Hong Kong electoral reform has neither breached the Sino-British Joint Declaration nor international obligations

  • The revamp is aimed at synthesising a new democratic electoral system best suited to Hong Kong’s actual situation and with Hong Kong characteristics
  • The ultimate aim of universal suffrage, as promised in the Basic Law, remains unchanged

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Illustration: Craig Stephens
Teresa Cheng
The Standing Committee of the National People’s Congress (NPC) adopted the amended Annex I to the Basic Law on Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region, and Annex II to the Basic Law on Method for the Formation of the Legislative Council of the Hong Kong SAR and its Voting Procedures on March 30. The amendments aim to establish a political structure that conforms to the “one country, two systems” principle, is suited to the actual situation of Hong Kong, and ensures “patriots administering Hong Kong”.
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Yet, there are assertions that the amendments are either “a breach of the Sino-British Joint Declaration” or “breaking with international obligations. These assertions, which come with strong political overtones, are baseless.

The NPC is the highest state organ of power in China, and is responsible for overseeing the enforcement of the constitution, and deciding on the establishment of special administrative regions and the systems to be instituted there. The electoral system of the Hong Kong SAR forms an important part of the constitutional order, which falls under the purview of the central authorities. When there is a need to improve the electoral system, the NPC has the power and duty to do so under the constitution.

Every place has its own historical, cultural and political background, and hence there is no one panacea for all in respect of electoral systems and improvements to be made. The NPC Standing Committee, when deliberating the amendments to Annexes I and II to the Basic Law, has already taken into account the actual situation in Hong Kong.

02:34

China’s top legislative body passes sweeping Hong Kong electoral reforms

China’s top legislative body passes sweeping Hong Kong electoral reforms

It should be noted that the ultimate aim of universal suffrage, to be achieved in light of the actual situation in Hong Kong and in accordance with the principle of gradual and orderly process, as specified in Articles 45 and 68 of the Basic Law, remains unchanged.

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In giving explanations on the draft Basic Law in 1990, Ji Pengfei, chairman of the Basic Law drafting committee, noted: “The political structure of the Hong Kong Special Administrative Region should accord with the principle of ‘one country, two systems’ and aim to maintain stability and prosperity in Hong Kong in line with its legal status and actual situation. To this end, consideration must be given to the interests of the different sectors of society and the structure must facilitate the development of the capitalist economy in the region. While the part of the existing political structure proven to be effective will be maintained, a democratic system that suits Hong Kong’s reality should gradually be introduced.”
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