bc magazine

NPC Decision on HK Chief Executive Election by Universal Suffrage

August 31st marks the one year anniversary of the publication of the Decision of the Standing Committee of the National People’s Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage.

For those who have not read it, here is the full text

Decision of the Standing Committee of the National People’s Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016

(Adopted at the Tenth Session of the Standing Committee of the Twelfth National People’s Congress on 31 August 2014)

The Standing Committee of the Twelfth National People’s Congress considered at its Tenth Session the Report on whether there is a need to amend the methods for selecting the Chief Executive of the Hong Kong Special Administrative Region in 2017 and for forming the Legislative Council of the Hong Kong Special Administrative Region in 2016 submitted by Leung Chun-ying, the Chief Executive of the Hong Kong Special Administrative Region, on 15 July 2014. In the course of deliberation, the relevant views and suggestions of the Hong Kong community were given full consideration.

The Session points out that according to the 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 and on Issues Relating to Universal Suffrage adopted by the Standing Committee of the Tenth National People’s Congress at its Thirty-first Session on 29 December 2007, the election of the fifth Chief Executive of the Hong Kong Special Administrative Region in the year 2017 may be implemented by the method of universal suffrage; at an appropriate time prior to the selection of the Chief Executive of the Hong Kong Special Administrative Region by universal suffrage, the Chief Executive shall make a report to the Standing Committee of the National People’s Congress as regards the issue of amending the method for selecting the Chief Executive in accordance with the relevant provisions of the Hong Kong Basic Law and the Interpretation by the Standing Committee of the National People’s Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, and a determination thereon shall be made by the Standing Committee of the National People’s Congress. From 4 December 2013 to 3 May 2014, the Government of the Hong Kong Special Administrative Region conducted an extensive and in-depth public consultation on the methods for selecting the Chief Executive in 2017 and for forming the Legislative Council in 2016. In the course of consultation, the Hong Kong community generally expressed the hope to see the selection of the Chief Executive by universal suffrage in 2017, and broad consensus was reached on important principles such as: the method for selecting the Chief Executive by universal suffrage shall comply with the Hong Kong Basic Law and the relevant Decisions of the Standing Committee of the National People’s Congress and the Chief Executive shall be a person who loves the country and loves Hong Kong. With respect to the methods for selecting the Chief Executive by universal suffrage in 2017 and for forming the Legislative Council in 2016, the Hong Kong community put forward various views and suggestions. It was on this basis that the Chief Executive of the Hong Kong Special Administrative Region made a report to the Standing Committee of the National People’s Congress on issues relating to amending the methods for selecting the Chief Executive in 2017 and for forming the Legislative Council in 2016. The Session is of the view that the report complies with the requirements of the Hong Kong Basic Law, the Interpretation by the Standing Committee of the National People’s Congress of Article 7 of Annex I and Article III of Annex II to the Hong Kong Basic Law and the relevant Decisions of the Standing Committee of the National People’s Congress, and reflects comprehensively and objectively the views collected during the public consultation; and is thus a positive, responsible and pragmatic report.

The Session is of the view that implementing universal suffrage for the selection of the Chief Executive represents a historic progress in Hong Kong’s democratic development and a significant change in the political structure of the Hong Kong Special Administrative Region. Since the long-term prosperity and stability of Hong Kong and the sovereignty, security and development interests of the country are at stake, there is a need to proceed in a prudent and steady manner. The selection of the Chief Executive of the Hong Kong Special Administrative Region by universal suffrage has its origin in Paragraph 2 of Article 45 of the Hong Kong Basic Law: “The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.” The formulation of the method for selecting the Chief Executive by universal suffrage must strictly comply with the relevant provisions of the Hong Kong Basic Law, accord with the principle of “one country, two systems”, and befit the legal status of the Hong Kong Special Administrative Region. It must meet the interests of different sectors of the society, achieve balanced participation, be conducive to the development of the capitalist economy, and make gradual and orderly progress in developing a democratic system that suits the actual situation in Hong Kong. Given the divergent views within the Hong Kong community on how to implement the Hong Kong Basic Law provisions on universal suffrage for selecting the Chief Executive, and in light of the constitutional responsibility of the Standing Committee of the National People’s Congress for the proper implementation of the Hong Kong Basic Law and for deciding on the method for the selection of the Chief Executive, the Standing Committee of the National People’s Congress finds it necessary to make provisions on certain core issues concerning the method for selecting the Chief Executive by universal suffrage, so as to facilitate the building of consensus within the Hong Kong community and the attainment of universal suffrage for the selection of the Chief Executive smoothly and in accordance with law.

The Session is of the view that since the Chief Executive of the Hong Kong Special Administrative Region shall be accountable to both the Hong Kong Special Administrative Region and the Central People’s Government in accordance with the provisions of the Hong Kong Basic Law, the principle that the Chief Executive has to be a person who loves the country and loves Hong Kong must be upheld. This is a basic requirement of the policy of “one country, two systems”. It is determined by the legal status as well as important functions and duties of the Chief Executive, and is called for by the actual need to maintain long-term prosperity and stability of Hong Kong and uphold the sovereignty, security and development interests of the country. The method for selecting the Chief Executive by universal suffrage must provide corresponding institutional safeguards for this purpose.

The Session is of the view that the amendments made to the method for forming the fifth term Legislative Council in 2012 represented major strides towards the direction of enhancing democracy. The existing formation method and voting procedures for the Legislative Council as prescribed in Annex II to the Hong Kong Basic Law will not be amended, and will continue to apply in respect of the sixth term Legislative Council in 2016. This is consistent with the principle of gradual and orderly progress in developing a democratic system that suits Hong Kong’s actual situation and conforms to the majority view in the Hong Kong community. It also helps the various sectors of the Hong Kong community to focus their efforts on addressing the issues concerning universal suffrage for selecting the Chief Executive first, thus creating the conditions for attaining the aim of electing all the members of the Legislative Council by universal suffrage after the implementation of universal suffrage for the selection of the Chief Executive.

Accordingly, pursuant to the relevant provisions of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, the Interpretation by the Standing Committee of the National People’s Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and the 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 and on Issues Relating to Universal Suffrage, the Standing Committee of the National People’s Congress makes the following decision:

I. Starting from 2017, the selection of the Chief Executive of the Hong Kong Special Administrative Region may be implemented by the method of universal suffrage.

II. When the selection of the Chief Executive of the Hong Kong Special Administrative Region is implemented by the method of universal suffrage:

(1) A broadly representative nominating committee shall be formed. The provisions for the number of members, composition and formation method of the nominating committee shall be made in accordance with the number of members, composition and formation method of the Election Committee for the Fourth Chief Executive.

(2) The nominating committee shall nominate two to three candidates for the office of Chief Executive in accordance with democratic procedures. Each candidate must have the endorsement of more than half of all the members of the nominating committee.

(3) All eligible electors of the Hong Kong Special Administrative Region have the right to vote in the election of the Chief Executive and elect one of the candidates for the office of Chief Executive in accordance with law.

(4) The Chief Executive-elect, after being selected through universal suffrage, will have to be appointed by the Central People’s Government.

III. The specific method of universal suffrage for selecting the Chief Executive shall be prescribed in accordance with legal procedures through amending Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China: The Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region. The bill on the amendments and the proposed amendments to such bill shall be introduced by the Hong Kong Special Administrative Region Government to the Legislative Council of the Hong Kong Special Administrative Region in accordance with the Hong Kong Basic Law and the provisions of this Decision. Such amendments shall obtain the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive before being submitted to the Standing Committee of the National People’s Congress for approval.

IV. If the specific method of universal suffrage for selecting the Chief Executive is not adopted in accordance with legal procedures, the method used for selecting the Chief Executive for the preceding term shall continue to apply.

V. The existing formation method and voting procedures for the Legislative Council as prescribed in Annex II to the Hong Kong Basic Law will not be amended. The formation method and procedures for voting on bills and motions of the fifth term Legislative Council will continue to apply to the sixth term Legislative Council of the Hong Kong Special Administrative Region in 2016. After the election of the Chief Executive by universal suffrage, the election of all the members of the Legislative Council of the Hong Kong Special Administrative Region may be implemented by the method of universal suffrage. At an appropriate time prior to the election of the Legislative Council by universal suffrage, the Chief Executive elected by universal suffrage shall submit a report to the Standing Committee of the National People’s Congress in accordance with the relevant provisions of the Hong Kong Basic Law and the Interpretation by the Standing Committee of the National People’s Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China as regards the issue of amending the method for forming the Legislative Council. A determination thereon shall be made by the Standing Committee of the National People’s Congress.

The Session stresses that it is the consistent position of the central authorities to implement resolutely and firmly the principles of “one country, two systems”, “Hong Kong people administering Hong Kong” and a high degree of autonomy, strictly adhere to the Hong Kong Basic Law and steadily take forward the selection of the Chief Executive by universal suffrage in 2017. It is hoped that the Hong Kong Special Administrative Region Government and all sectors of the Hong Kong community will act in accordance with the provisions of the Hong Kong Basic Law and this Decision and jointly work towards the attainment of the aim of selecting the Chief Executive by universal suffrage.

Vetoed 28 – 8!

The Beijing dictated ‘Motion Concerning the Amendment to the Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region’ a method of faux Universal Suffrage has been vetoed by the Hong Kong Legislature by 28 Votes to 8

The vote took place at 12:33 today far earlier than many expected after all the Legco members who wished to speak had done so and a vote was called for.

In a strategy based on the rule that at least 35 members have to present before a bill can be put to a vote, the Pro-Beijing Legco members walked out of the Chamber. If not enough members are present, the Chairman will ring the bell to ask for members to return to the hall. If there still is not enough people present after 15 minutes, the meeting will be adjourned.

However, not enough Pro Beijing members walked out and 36 Legco members remained, and the vote proceeded.

There’s long faces all around on the Pro-Beijing lawmakers, ironic really that they failed to vote on the reform measure because they didn’t understand the Democratic processes of the Legislature.

There was joyous celebrations inside and outside after the vote.

The reality is that the veto is but one step on the long road to where the people of Hong Kong can hold their Chief Executive accountable for his job performance. CY Leung has shown shown complete and utter contempt for anyone who can’t do something for him. This is not the attitude for a Chief Executive.

This is Hong Kong, not China

It’s noisy outside Legco! Not with chants from people about what they believe in, but because the Pro-Beijing mob have wheeled in a concert quality sound system to drown out anyone who isn’t getting paid to be there. Not wanting to hear people who disagree with their worship of all thing$ North of the Border, they don’t want to see them either… Hundreds of banners and placards have been erected to shield the ‘I’ll do anything for a dollar’ brigade from those who believe that the people running Hong Kong should be held accountable for their actions.

I’m tempted to write that their was much wondering about why these compensated protestors (selling their integrity for 88cents and a bowl of plastic rice) were wearing shiny new numbered shirts, but nobody cared.

As a person who loves Hong Kong and has proudly called it home for over 20 years. I love that the place I call home has freedom of speech, something denied those living North of the border. I rejoice that hard work and talent are rewarded regardless of race, colour or sex, unlike up North where it’s who you know and how thick is the wad of notes openly passed across the table… So what I find most offensive about those supporting this fake bill of universal suffrage is that they’re waving Mainland flags.

If those protesting in favour of bill believe it’s in the best interests of all HongKongers then put away those Chinese flags because you live in Hong Kong not China.

Here’s a simple question for all those who love the Mainland and think government officials don’t need to be accountable to the people for their actions. What’s the biggest and most publicised drive of the current General Secretary of the Communist Party of China? Xi Jinping most media covered focus is anti-corruption – not health, not jobs, not housing, not education. not the economy… Anti-Corruption, the arresting and jailing of those working for the government who instead of looking out for the people, line their own pockets and beat up those who complain about it. If the $50million CY Leung took from one of the largest sub-contractors of the majority government owned MTR was all above board. Then why didnt he declare it and prove he paid tax on it.

Here’s another few questions for those people waving red flags:
If the mainland’s way of doing things is so wonderful, why is much of wealth of China’s 1%ers invested outside China? Rich Americans invest in America, Rich Brits invest in Britain. Rich Mainland Chinese invest everywhere except China!

You never read of HongKongers flooding across the border to the North to smuggle things to Hong Kong. Yet thousands upon thousands of Mainlanders flood into Hong Kong daily to smuggle everything from milk powder to frozen meat to luxury goods (many ironically originally made in China) across the border – why because they don’t trust products made in China!

If the ‘Mainland way’ you love so much is so wonderful…
Why are Hong Kong children being squeezed out of schools because the classes are full of Mainland kids!
Why are our hospital beds full of Mainland patients?
Why do Mainland mothers flock to Hong Kong to give birth?
Why are local jewelry stores routinely emptied of gold by Mainland tourists?
Why since the handover have almost a million people left the Mainland on one-way permits to live in Hong Kong?

We HongKongers are proud of our home, it’s not called the World’s Greatest City for nothing! Yet our traitorous Chief Executive CY Leung is systematically and deliberately destroying the people and the city he’s supposed to serve.

The people of Hong Kong peacefully and politely showed CY, Beijing and the world their displeasure with his policies – CY’s response… to declare that 50% of HongKongers were too poor to know what was best for them. To destroy the integrity of the HK Police by having them beat up, tear gas and pepper spray those who want to call CY to account for his incompetence while turning a blind eye to the crimes of those support him.

Why do we want Universal Suffrage, because the ‘leaders’ imposed on us by Beijing have ranged from incompetent through idiot to corrupt. Yes, under proper universal suffrage we might vote for our own incompetent corrupt idiot – then more fool us!

We have Freedom of Speech in Hong Kong, so all you red flag waving compensated protesters are entitled to shout all you like. But if you love the ‘Mainland way’ so much why not feck off and live there! No need to close the door on your way out!

Will Legco Hear the People Sing?

http://bcmagazine.smugmug.com/Bcene-photos/2015/UMHK-Legco-17-June-2015/50005915_LSmKDh#!i=4139401513&k=Q6djjZN

The atmosphere is noisy but the hot weather is keep tensions low as crowded outside the Legislative Council public entrance are hundreds of people segregated by barricades into a pro-china side and a pro-democracy side. Reporters armed with still and video cameras fill the neutral between the two camps, others tweet as they wander looking for comment and reaction in the respective camps to the debate taking place inside about the proposed refrom of the selection procedure for the Chief Executive of Hong Koing

On the left closest to Legislative Council Road the pro real democracy protestors are stationed next to the long standing Tin Mei protest village. On the right towards Tamar Park, the Pro-China supporters parade up and down the ramp from the park in groups waving large Chinese flags as they do so. By the late afternoon, the protest numbers have almost doubled as many arrive wearing red or yellow to indicate their views.

http://bcmagazine.smugmug.com/Bcene-photos/2015/UMHK-Legco-17-June-2015/50005915_LSmKDh#!i=4139394688&k=WVwc89g

On the Pro-China side, supporters wearing numbered shirts and hats hide beneath dark umbrellas to shade themselves from the sun, almost like vampires. The zone is crammed with mass produced banners, while ideologically sound music at rock concert volumes seeks to deafen the chants coming from the other side. With speakers strategically placed to cause irritation and annoyance among those looking to man the pro-democracy barricades. Along the 80m frontline of barricades bordering the two sections, the pro-China camp in an almost workman like and passionless manner taunt and sneer, pulling faces, insulting and repeatedly mockingly gesturing that they cant hear any of the comments from the Pro-democracy side.

http://bcmagazine.smugmug.com/Bcene-photos/2015/UMHK-Legco-17-June-2015/50005915_LSmKDh#!i=4139391363&k=9TrnJnX

In contrast to the red of the Pro-china zone of the protest, the symbolic yellow and black umbrella banners festoon the pro-democracy half. Although there are not as many loudspeakers to amplify their voices, the passion of their belief resonates loudly as they seek to communicate their message, their want for a real democracy. Selective policing denies the pro Democracy camp the poles and sticks, so the banners are hung on the barricades for the Pro-Chinese to see. Familiar faces from the Umbrella protests gather in the shade to chant ‘say no to fake democracy’ just loud enough to encourage more to join and to spark irritation amongst those on the otherside. Many of todays chants were led, as usual, by Eric the shirtless artist channeling the support of his fellow protestors as he spat out insults and words of disapproval, the booing of the pro-China side only stoking the fires of democracy.

http://bcmagazine.smugmug.com/Bcene-photos/2015/UMHK-Legco-17-June-2015/50005915_LSmKDh#!i=4139400674&k=p3JF4Qv

Anodyne Attempt to Rewrite History

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063384701&k=fcsrMtW

The ‘Umbrella Festival’ opened today at the JCCAC in Shep Kip Mei. You’ll have noticed the inverted commas I put around the festival name, yes the festival poster is yellow and has an umbrella on it – but that’s about all the ‘festival’ has in common with 2014’s umbrella protests. When one of the festival’s curator’s Prof. Katrien Jacobs stands on stage and starts joking about making her speech notes on a post-it like on the Lennon Wall before continuing with “As a foreigner I found the protests sexy and fun and that’s what we want to do with this festival, keep the fun going…”

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063376599&k=tJJfR6G

The Umbrella Festival is an anaemic poorly conceived joke. An insult to the HongKongers who stood up for their beliefs and voiced a desire for Universal Suffrage to precipitate the removal of the morally corrupt politicians and civil servants who are destroying the Hong Kong we love and call home with their arse-licking of the mainland amidst the lining of their own pockets.

The JCCAC is an interesting space and there are mini-exhibits and photos spread over it’s 9 floors. I didn’t see the words universal suffrage anywhere, not a single mention about the underlying reasons for the protest. Not a mention of the police violence – there was one photo of the tear gas. The only comment about police violence was in a theatrical piece by FM Theatre Power (see video) that was part of the opening ceremony, but even that was tempered when the police become ‘caring mothers’ and embraced the demonstrators.

There is a mini-Lennon wall – but no explanation of the what it symbolized or how it got started… You can add you own post-it, but the ones already posted were banal and safe, as were the chalk drawings. For ‘fun’ as Professor Jacobs described it, get a poster and walk around to get ‘umbrella’ stamps at different parts of the building…

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063397027&k=GBDQS5g

Another of the curators claims as they opened the festival was to celebrate the Umbrella protests art… the protest zones were vibrant artistic and discoursive hubs with new things being created and revealed everyday. Yet almost none of that is here, why not?

There are some interesting close-up photos – but no photos which show the scale or size of the protests. In fact I couldn’t find an exhibit which even explained that there were three protest zones.

What could have been a fascinating examination of the protests and the art that emerged over the 79 days instead reeks of a government funded snow job, an attempt to rewrite one of the seminal moments in Hong Kong’s history.

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063380757&k=ZbwQphB

Umbrella Festival @ JCCAC – 17 May, 2015

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063370553&k=n5V8CMV

The Umbrella Festival opened at the Jockey Club Creative Arts Centre in Shep Kip Mei
Click on any image to see the full gallery of images

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063366462&k=2Pf2vB7

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063372125&k=dbW8s8d

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063394343&k=DqWBBv4

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063367559&k=CtGPL4b

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063367706&k=dZFv4fm

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063382705&k=crmQQSP

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063379376&k=3JSvfDH

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063371681&k=CXZDw9P

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063392153&k=9TqQQg5

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Festival-Opening/49316366_5Ctxzg#!i=4063390822&k=9S8pgz2