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Vague decision by China’s top legislative body, but disqualified Hong Kong lawmakers expected to serve out Legco term: experts

  • Though Beijing did not address the issue head-on, those close to the matter say opposition Legco members barred from re-election can serve out extra year
  • One academic argued the decision undermines city’s autonomy, though pro-establishment figures insist it is ‘conducive to social stability’

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Flags fly atop the Great Hall of the People, where full sessions of the National People’s Congress are held. Photo: Xinhua
China’s top legislative body made a seemingly straightforward decision on Tuesday to plug a potential power vacuum opened up by the postponement of the Legislative Council elections by allowing serving lawmakers to continue their duties for at least a year.
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In doing so, however, it also unleashed a raft of questions that the Hong Kong government and the opposition will now have to grapple with.

The National People’s Congress Standing Committee (NPCSC) passed a resolution on Tuesday extending the current Legco term by a minimum of one year. But unlike the often-lengthy resolutions on Hong Kong endorsed by the top legislative body since 2004, the 82-word resolution on the “continued performance of duties by the sixth Legco” leaves many things up in the air.
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Outstanding questions include whether four incumbent opposition lawmakers previously banned from seeking re-election can stay in the chamber in the extended term, and whether they will be required to fulfil certain conditions or obligations to do so.

The resolution also does not provide any legal rationale for extending the current Legco term, which expires on September 30, nor does it explain how the move is consistent with Article 69 of the Basic Law, which states that the tenure of office for Legco shall be four years.
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