Democratic Parties and Independents
92-648: Tanya Chan ( Civic ) Wong Yuk-man ( LSD ) Alan Leong ( Civic ) Albert Chan ( LSD ) Leung Kwok-hung ( LSD ) Tanya Chan ( Civic ) Wong Yuk-man ( LSD ) Alan Leong ( Civic ) Albert Chan ( LSD ) Leung Kwok-hung ( LSD ) High Court District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations The 2010 Hong Kong Legislative Council by-election
184-747: A by-election , which they would treat as a " de facto referendum " to press the Chinese Government into allowing universal suffrage in Hong Kong . On 16 May 2010, she was re-elected as a lawmaker in the by-election . Until 2011, she was a member of Central and Western District Council . In the 2012 legislative election , she stood as the second candidate in Kenneth Chan 's list in Hong Kong Island, in an attempt to boost Civic Party's votes and seats. Although Kenneth Chan
276-411: A neurologist , found that Tanya Chan had a meningioma , a type of brain tumour larger than a ping-pong ball. The tumour was considered dangerous as it pressed on Chan's brain stem , nerves , and blood vessels . On 23 April, medics stated that Chan needed open brain surgery to remove the tumour as soon as possible, followed by radiotherapy sessions. According to medics, there was no clarity whether
368-405: A non-binding motion calling on the government to amend election bylaws, barring anyone who has resigned from standing for re-election. Basic Law Committee member Lau Nai-keung said that the government-friendly camp should not contest the by-elections to lend credibility to the campaign. He urged Legco president not to accept the resignations by the five lawmakers, not hold any by-elections to fill
460-612: A secretary-general , and regular members. The chairman presides over the NPCSC, and presides and convenes its work. The chairman has conventionally been one of the top members of the Chinese Communist Party , ranking as either the second-ranking or third-ranking member of the Politburo Standing Committee since 1998. The chairman, vice chairpersons and the secretary-general collectively make up
552-528: A state of emergency throughout China or in particular provinces, autonomous regions or municipalities directly under the central government. When the NPC is not in session, the Standing Committee decides whether to proclaim a state of war in the event of an armed attack on China or in fulfillment of international treaty obligations concerning a common defense against aggression. The term of office of
644-599: A "peaceful uprising". Gordon Wu said the Civic Party and the LSD were destabilising Hong Kong by resigning, and likened the call for people to rise up to action taken by red guards during the Cultural Revolution . Wu said: "Uprising is something very thrilling - although we have not reached the stage of armed struggle." Organisers for the resigners dismissed the criticism as tactics aimed at dampening turnout for
736-519: A complaint to the police. Tanya Chan Tanya Chan (Chinese: 陳淑莊 ; born 14 September 1971) is a Hong Kong politician who served as a Legislative Councillor representing Hong Kong Island from 2008 to 2012, and again from 2016 to 2020. She is a founding member of the Civic Party . Chan is sometimes known as the " Zhou Xun of the Civic Party". On 29 September 2020, Chan announced that she would quit politics. Chan's ancestral origin
828-510: A de facto referendum and an endorsement of these issues. The five LegCo members resigned their seats on 21 January 2010 with the by-election taking place on 16 May 2010. The vote count was finalised by 2 am on 17 May 2010. Following a boycott by the pro-government parties, the five who resigned were successfully returned to the Legislative Council by voters with only turnout rate of 17.1%. The by-election has been criticised as
920-602: A dilemma by the resignations and the subsequent statements from central government politicians, pro-government politicians could not contest the polls for fear of being seen by Beijing to condone the "unconstitutional act", they thus all planned to boycott it. Tam Yiu-chung , Chairman of the DAB, criticised the by-election as "a farce...It's a waste of taxpayers' money...It promotes social conflict..." Chief Executive Donald Tsang announced, two days before polling day and after weeks of speculation, that he and his ministers would not vote in
1012-494: A full-body health check-up to reassure her mother that she was physically ready to endure a jail term if this were to happen. Her physical examination was conducted in a private hospital on 4 April. Chan received the results of her health check on 11 April, followed by a consultation in Canossa Hospital on 17 April. The test results revealed there was something unclear with her brain. On 18 April, Dr Edmund Woo Kin-wai,
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#17327733876481104-524: A judicial one, and the functions are split so that the NPCSC provides legal interpretations while the Supreme People's Court actually decides cases. Because an interpretation of the NPCSC is legislative in nature and not judicial, it does not affect cases which have already been decided. The NPC Standing Committee has the power to supervise the enforcement of the Constitution. It supervises
1196-530: A member of the NPC Standing Committee is the same as that of the current NPC, and is generally five years. It remains in power until the succeeding NPC elects its standing committee. It convenes the NPC once a year, and may do so when it finds it necessary or with a proposal from one fifth of NPC's members. The NPC Standing Committee usually holds a committee session once every two months, usually late in even-numbered months, with each session of
1288-666: A much smaller pool of voters consisting of corporate bodies and workers in the various sectors. The 800 Election Committee members are appointees. The existing electoral arrangement, which allows a person belonging to a stipulated sector to control more than one vote, has been denounced by Human Rights Monitor as "highly corrupt". Articles 45 and 68 of the Basic Law state that the Chief Executive and all members of LegCo shall eventually be elected by universal suffrage, while changes in election methods shall be in accordance with
1380-531: A permanent, bicameral body, in an attempt to change its image as a " rubber stamp ". Another committee member proposed to imitate the system used by the Supreme Soviet of the Soviet Union with one chamber composed of representatives from different regions and the other composed of representatives from different professional sectors . Opponents, led by Deng Xiaoping and Ye Jianying, argued that "if
1472-424: A plenary session, and then the legislative bill shall be further deliberated at group meetings. At the third reading, a report of the aforementioned committee on the results of its deliberation over the draft law shall be heard in another plenary session, and then the revised draft of the law shall be deliberated at group meetings for any final changes. After the revised draft law has been deliberated during sessions of
1564-407: A real referendum." On 21 January 2010, it was announced that Albert Chan ( NT West ), Alan Leong ( Kowloon East ), Tanya Chan ( Hong Kong Island ), "Longhair" Leung Kwok-hung ( NT East ) and Wong Yuk-man ( Kowloon West ), would resign their LegCo seats. The five resignations were submitted on 26 January 2010, with effect of 29 January 2010. The five resigned pan-democrats had hoped to give
1656-413: A referendum has even been held. In late January Miriam Lau (Liberal Party) said her party would work closely with DAB to field candidates in the by-elections. James Tien and his brother Michael indicated their interest, but DAB vice-chairman Ip Kwok-him said there were divergent views within his party and that they would only take part in the by-elections if they are not seen as a referendum. Placed in
1748-438: A street election campaign, said he was disappointed by several public remarks by Stephen Lam regarding the by-elections. Leong said Lam's remarks were a clear indication that the government had lost its "supposedly neutral attitude." In March, the LSD published an open letter condemning Ronny Tong for betraying his fellow pan-democrats (and not supporting the referendum plan), and bitterly attacked him personally. The Standard said
1840-421: A valedictory speech in the Legislative Council, but were prevented from doing so by a walk-out by pro-Beijing lawmakers, who denounced them as "those pushing for 'Hong Kong Independence ' ". Only 21 pan-democrat lawmakers and four government allies remained in the chamber following the walk-out – short of the 30 required for quorum . Campaign slogan and advertisement by LSD and Civic party calling for "uprising of
1932-558: A waste of taxpayers' money. According to Annex II of the Basic Law of Hong Kong , the Chief Executive of Hong Kong is elected by an 800-person election committee, consisting of appointees from four different sectors. The Legislative Council (LegCo) consists of 60 seats, 30 of which are geographical constituencies, subject to popular mandate; the remaining 30 seats are returned by functional Constituencies, which are elected by
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#17327733876482024-814: Is Shanghai and she was educated at Sacred Heart Canossian College . Chan received Bachelor of Laws degree from the University of Hong Kong , where she also studied the Postgraduate Certificate in Laws . In the 2008 LegCo elections , Chan was elected into and became a member of, the Hong Kong Legislative Council to represent Hong Kong Island , along with Civic Party leader Audrey Eu . In January 2010, Chan and other four lawmakers, Albert Chan , Alan Leong , Leung Kwok-hung and Wong Yuk-man resigned from LegCo, forcing
2116-400: Is a total violation of mainstream public opinion that wants stability, harmony and development." A Taipei Times editorial said it was inappropriate to use "stability, harmony, development" to justify the lack of democracy in the already stable, harmonious and developed Hong Kong. It was further said that it was even more ironic that Beijing claimed to know "mainstream public opinion" before
2208-497: Is made." The League of Social Democrats (LSD) proposed resignations by pan-democrats from LegCo in late July 2009. Wong Yuk-man said that it would "give people the chance to say they don't want any undemocratic reform proposals short of full universal suffrage by 2012." They proposed that members from the pan-democracy camp resign according to the size of their caucus in LegCo: two members from Democratic Party , one member from each
2300-498: Is submitted to a vote by deputies. At the first reading, an explanation of the legislative bill made by its sponsor shall be heard in a plenary session of the Standing Committee and then it shall be preliminarily deliberated at group meetings by deputies in the period between sessions. At the second reading, a report of the Constitution and Law Committee on the revision of the draft law and main problems concerned shall be heard in
2392-536: The Chinese People's Political Consultative Conference in Zhuhai. The same day, both the central government and Hong Kong's Constitutional Affairs minister Stephen Lam said a referendum on Hong Kong's electoral reform would be inconsistent with the Basic Law. Audrey Eu , Civic Party lawmaker who is also a barrister, denied that the resignation scheme challenged the Basic Law and Beijing's authority, and insisted
2484-408: The Civic Party and the LSD, and one member from the four independent democrats, chosen by drawing lots, thereby creating a 'referendum effect'. They suggested the timing of the resignations coincide with final reform proposal, after a public consultation exercise in late 2009; they also said that all three LSD legislators would resign if necessary. Further to that, Szeto Wah revealed that a meeting
2576-523: The Council of Chairpersons , which handles the Standing Committee's daily affairs. Members of the NPCSC must not, at the same time, hold executive, judicial, or supervisory positions. Other members of the NPC do not have this restriction. The Standing Committee is elected by and from the NPC delegates during a NPC plenary session. The candidates for the NPCSC chairperson, vice chairpersons, secretary-general, and regular members are nominally nominated by
2668-646: The NPC Presidium , though the nomination process is effectively controlled by the CCP. Elections for the non-regular NPCSC members, along with all other NPC elections are not competitive, with a single candidate proposed by the Presidium. In contrast, the elections for the regular NPCSC members have been the only competitive elections in the NPC since 1988; there are more nominees than available seats. A number of administrative bodies have also been established under
2760-496: The 1,000 respondents polled opposed the 'referendum' campaign. Campaign organisers rejected Lau's claim, saying he famously underestimated attendance at the on 1 July 2003 protest march at 30,000. CPC Hong Kong liaison office head Peng Qinghua responded to the referendum by saying, "There are political groups that have launched the so-called 'five constituencies referendum campaign,' even proposing sensational and extreme slogans like 'civic uprising' and 'liberating Hong Kong. This
2852-655: The Chief Executive and the Legislature as resolved by the NPCSC. The document said that in line with the principle of "gradual and orderly progress", the scope of political participation would be broadened and the democratic elements in the 2012 elections substantially increased; the administration proposed to enlarge the Election Committee for electing the Chief Executive, add ten new LegCo seats, of which five indirectly elected. The administration also proposed to give elected District Council members more seats on
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2944-505: The Chinese Government Legal Information Network for public comment. When voting, the NPC Standing Committee session adopts the absolute majority system, that is, more than half of the committee members present in a session thus producing a quorum, and more than half of the committee members voted in favor, then the bill can be passed. When an affirmative vote and an abstention vote are equal,
3036-444: The Election Committee. Following the unveiling of the consultation document, Pan-democrats attacked the lack of genuine progress, saying that the proposals were but a rehash of, and in some respects worse than, the 2005 proposals which they vetoed. Anson Chan commented on the lack of substance in the proposals: "The Hong Kong public is now left like someone pedalling a bicycle with no chain: the pedals spin round, but no forward progress
3128-638: The LSD was "doing its very best to rile Tong to create an imagery of confrontation between referendum advocates and pan-democratic moderates" in order to rekindle media interest. Democratic Party former leader Szeto Wah, Albert Ho and Martin Lee urged their supporters to vote in the by election; Lee said a blank vote it was preferable to no vote. A democracy protest organised by the Hong Kong Federation of Students supported by 200 people took place on 28 March 2010 from University of Hong Kong campus to
3220-584: The LegCo budget for the election. However, instead of making a separate appropriation request for the by-elections, the government provided for HK$ 159 million in its budget proposal, making it difficult for lawmakers to veto the funding. Wong Kwok-hing of the Hong Kong Federation of Trade Unions moved the amendment to scrap the HK$ 147 ;million funding for the by-election, criticising
3312-409: The Legislative Council soon, to limit the ability of members to resign, which Ronny Tong said would contravene the Basic Law, and infringe upon the right to stand for elections protected under Article 26; he stated that it would be inconsistent with Article 74 for an individual legislator to table bills relating to the political structure. On 10 February, the constitutional affairs panel of LegCo passed
3404-453: The NPC is not in session, laws enacted by the NPC, provided that the basic principles of these laws are not contravened. As a result, day-to-day legislative work is conducted by the Standing Committee. Although the NPC has the power to revoke "inappropriate decisions" made by the Standing Committee, so far this power has never been used. As a result, the NPC Standing Committee often has a greater say in legislative deliberations. The NPCSC has
3496-655: The NPCSC set rules for the election of the chief executive of Hong Kong, a decision that was widely opposed by the pro-democracy camp and led to the Umbrella Revolution . In 2016, the NPCSC ruled that Hong Kong lawmakers who take their oath improperly could be immediately disqualified. In June 2020, the NPCSC created and passed the Hong Kong National Security Law , legislation that was kept secret until shortly before it took effect. In November 2020, Carrie Lam sought help from
3588-506: The NPCSC to give authority for the Hong Kong government to disqualify 4 pro-democracy lawmakers from the Legislative Council. In December 2020, it was reported that the NPCSC would move to diminish opposition from district councillors , by unseating those who "breached the red line" and also by removing the 117 seats belonging to district councillors in the chief executive election committee . Earlier in December 2019, Carrie Lam said that
3680-588: The National People's Congress ( NPCSC ) is the permanent body of the National People's Congress (NPC), the national legislature of the People's Republic of China. It exercises the powers of the NPC when it is not in session. The NPCSC is composed of a chairman, vice chairpersons, a secretary-general, and regular members, all of whom are elected by regular NPC sessions. The day-to-day operations of
3772-481: The National People's Congress (or the committee chairmen of these). Ten or more deputies of the Standing Committee may also sign and introduce a bill. After the bill is introduced, the Chairman's Council shall decide on the agenda of the ongoing session of the Standing Committee. The Chairman's Council may refer the bill to the relevant special committee for deliberation and submit a report before deciding to put it on
2010 Hong Kong by-elections - Misplaced Pages Continue
3864-638: The National People's Congress vetoed the Organic Law of the Urban Residents Committees of the People's Republic of China (Draft) due to different opinions on the wording of the provisions of the bill. For example, in 1999, the Standing Committee of the National People's Congress rejected the Highway Law of the People's Republic of China (Amendment) with 77 votes in favor, 6 against, 42 abstentions and 29 people not participating in
3956-540: The Standing Committee after its third reading . During the political chaos of the Cultural Revolution , the NPC rarely held meetings and the Standing Committee virtually ceased to function. During this period, Chairman Zhu De and First Vice Chairman Dong Biwu had both died, which enabled Vice Chairman Soong Ching-ling , a member of the Revolutionary Committee of the Kuomintang , to exercise
4048-429: The Standing Committee are handled by the Council of Chairpersons , which is composed of the chairman, vice chairpersons, and the secretary-general. Although the parent NPC officially has superiority over the Standing Committee, and certain authorities are not delegated, the Standing Committee is generally viewed to have more de facto power, as the NPC convenes only once a year for two weeks, leaving its Standing Committee
4140-451: The Standing Committee to provide support for the day-to-day operation of the NPC. These include: The NPC and its Standing Committee jointly exercise the power to enact laws in China. The legislative functions of the Standing Committee constitutionally include: drafting and revising laws except those to be enacted only by the full congress of the NPC; partially supplementing and amending, when
4232-559: The Standing Committee, the Constitution and Law Committee revises it in accordance with the deliberation opinions of the Standing Committee members and prepares the final version to be voted on. The Council of Chairpersons then refers the legislative bill to the Standing Committee for a vote. If the Standing Committee fails to reach an agreement on the bill during the third reading, it shall convene joint group meetings and additional plenary sessions for further discussion, or invite relevant personages, experts and scholars to hold hearings regarding
4324-436: The agenda of the Standing Committee either for the current session or in forthcoming sessions. It also has the right to vote to reject the bill proposed by the above-mentioned body. When the Chairman's Council rejects a bill, it shall explain the reasons to the Standing Committee and the bill sponsor. A bill put on the agenda of a Standing Committee session shall be deliberated by the Standing Committee for three times before it
4416-488: The bill before either the whole of the Committee or within groups. After reaching an agreement, it is sent for the vote in a plenary session. For a bill that has been put on the agenda of the session of the Standing Committee, after each deliberation of the session of the Standing Committee, the draft law and the explanation of its drafting and amendment will be published on the website of the People's Republic of China or
4508-523: The by-elections. A pan-democracy gathering held in Central on 27 January 2010 was attended by approximately 4,000 people, according to organisers; police gave the number at 1,900. The group also used a song from cantopop group Beyond to sing about freedom. At one point they chanted repeatedly "Uprising, uprising, uprising...", while Albert Chan shouted to the crowd loudly "Liberate Hong Kong" (解放香港). Civic Party's Alan Leong , celebrating his birthday on
4600-473: The by-elections. On 15 January 2010, the State Council's Hong Kong and Macao Affairs Office of China's State Council said any "so-called referendum" would be inconsistent with Hong Kong's legal status and a "blatant challenge" to the Basic Law and the central government's authority. National People's Congress vice chairman and secretary general Li Jianguo reiterated that view at the annual meeting of
4692-480: The by-elections. He said: "In view of the unique nature of this by-election and after careful consideration, I have decided not to vote in this by-election. All members of my political team share this view and, of their own accord, have also decided not to vote." He also said the government would seek to amend the election law to prevent such abuse in future. Also breaking with tradition, Electoral Affairs Commission chairman Mr Justice Barnabas Fung refused to appeal to
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#17327733876484784-414: The candidates. Like Tsang, he called the election a political incident. He stated he would follow the government when deciding whether or not to participate, as he believed government officials must have solidarity with one another. Posters and banners for the by-election were a dull brown and pink, contrasting with the vibrant orange and red of 2007; they also lacked any incitement to vote. Stephen Lam said
4876-409: The chairman has no right to cast a decision vote, and the bill is vetoed. In fact, although most of the bills deliberated by the Standing Committee of the National People's Congress (NPCSC) have been agreed upon at the third reading, there are still some bills that have been rejected at the voting stage in the history of the Standing Committee of the NPC. For example, in 1989, the Standing Committee of
4968-440: The committee lasting a week. It may also hold interim sessions if there is a special need. The meetings are convened and chaired by the chairperson. The chairperson may delegate a vice chairperson to preside over a committee session on his or her behalf. Sessions of the Standing Committee may not be held unless a quorum is met of more than half of the members of the Standing Committee present. The Council of Chairpersons shall draft
5060-523: The electorate to vote, as a further sign that the government was trying actively to dampen the election atmosphere. The following people have entered for the by-election. On 2 May, about 3,000 people participated in a March for universal suffrage starting from Victoria Park ; Tanya Chan publicly said that she would not marry until HK gets universal suffrage. At a radio forum Commercial Radio held on 13 May about Sunday's by-election, candidate Lam Yi-lai accused Paul Tse of indecently assaulting her; she filed
5152-768: The failure to achieve universal suffrage in 2007, the target of the pan-democrats has shifted to 2012; pro-Beijing camp stated its preference for 2017. On 18 November 2009, based on the NPCSC decision, the Hong Kong Government published the Consultation Document on the Methods for Selecting the Chief Executive and for Forming the LegCo in 2012 , which the Government said showed its determination to advance Hong Kong's democratic development in 2012, and to pave way for universal suffrage elections of
5244-424: The five geographical constituencies , thereby triggering a by-election in which all Hong Kong citizens could participate. Although the Basic Law of Hong Kong does not provide for official referendums, the pan-democrats hope that by returning the resignees to the Legislative Council, on their manifesto of real political reform in Hong Kong and the abolition of functional constituencies , the election can be seen as
5336-528: The functions and powers of Chairman of the NPCSC to a certain extent. With the abolition of the presidency in 1975, she effectively became the first female head of state in China by legal definition . In 1980, after the decision of the 5th National People's Congress , the "Committee for the Amendment of the Constitution of the People's Republic of China" was formally established, presided over by Ye Jianying , Soong Ching Ling and Peng Zhen , and including
5428-544: The government offices in Central. The protesters called for abolition of functional constituencies, blaming them for social inequalities. They also want real universal suffrage by 2012. There was also a minor confrontation between some protesters and police; one protester was arrested. Students from the different HK universities formed a group called Tertiary 2012 (T12), and declared their aim to raise HK$ 250,000 to field one candidate for each vacant seat. The group, which have no formal alliance with other political parties, raised
5520-424: The government through violence, and Former Secretary for Justice Elsie Leung warned of anarchy. Ip Kwok-him , Deputy Chairman of the DAB, said the slogan was seditious; but Audrey Eu said it was an attempt to intimidate the Hong Kong people. Eu said that the 4 Chinese characters do not refer to a violent revolution and that the resignation is not a ploy to seek independence of Hong Kong; Wong Yuk-man emphasised it as
5612-566: The government was fulfilling its duty to remind the 3.3 million voters to vote, but added: "We have already said the by-elections are unnecessary and the public has strong views about the HK$ 150 ;million cost." Professor Lau Siu-kai, the head of the Central Policy Unit and the government's chief adviser, said the unit had conducted three surveys since the resignation, all of which consistently showed that more than half
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#17327733876485704-421: The ill-conceived resignation plan by treating it as a matter of constitutional significance." Some have called for laws to be made to bar lawmakers from resigning without sound reasons in future: Barrister Alan Hoo urged the government to amend the law as soon as possible to prohibit legislators resigning unless they are "incapacitated." Priscilla Leung said she planned to introduce a private member's bill into
5796-399: The legislative power of the state" and that the Standing Committee of the National People's Congress has only the power to "interpret laws" and "enact decrees". However, because the number of delegates to the National People's Congress is in the thousands and non-full-time, only one meeting is held annually, and the meeting period cannot be too long. The 2nd NPC authorized its Standing Committee
5888-486: The main leaders of the democratic parties , social organizations and jurists. It was responsible for amending and establishing the new constitution . During the discussion on constitutional amendment, Hu Qiaomu , secretary general of the Constitution Revision Committee, proposed cutting the number of NPC deputies to 1,000 and setting up two chambers of 500 each under the NPC to make the NPC
5980-562: The necessary deposit from Internet donations and submitted their nomination papers on 1 April. The candidates all endorsed the cause of the Civic Party and the League of Social Democrats, but their platform consists of continuing to press for universal suffrage in both the chief executive and Legislative Council elections in 2012. Hong Kong Chief Executive Donald Tsang suggested that the by-elections had been "deliberately engineered" and dismissed them as political theatre . He also stated that he
6072-469: The only body that regularly drafts and approves decisions and laws. In 1954, the 1st National People's Congress was held in Beijing , which became the statutory parliament of the People's Republic of China. The Standing Committee was established as its permanent body. The 1954 Constitution of the People's Republic of China stipulates that "the National People's Congress is the sole organ that exercises
6164-452: The opposition district councillors would be treated the same as those from the pro-Beijing camp, and that "There is no question of the government's commitment to continue to respect the roles and functions of the district council." In March 2021, the NPCSC approved changes to Hong Kong's electoral system , allowing only "patriots" to serve in the government, and also reducing democratic representation. In December 2022, after John Lee asked
6256-402: The organs of state power of provinces, autonomous regions and municipalities directly under the central government that contravene the Constitution, other laws or administrative regulations of all levels of government, especially national. When the NPC is not in session, the Standing Committee examines and approves partial adjustments to the plan for national economic and social development or to
6348-550: The people" (全民起義), attracted media attention and the ire of Beijing. Reception of the slogan was particularly negative by the pro-Beijing camp. Rita Fan attacked the term saying it would set a dangerous precedent by misleading the public over the purpose of the by-elections. She said anyone who has studied Chinese history would know that the word "uprising" convey an image of revolution, blood, and violence and that it would make people think of social turmoil, hardship and chaos. Maria Tam said an uprising usually refers to overthrowing
6440-428: The plan, fearing the loss of veto if their numbers dwindled in the by-election. Tong was not confident of the pan-democratic camp being able to mobilise sufficient voters to render meaningful effect in the so-called de facto referendum. He also feared that failing to get Beijing to agree to its demand after the first phase of protest would lead to mass pan-democratic resignations from LegCo, which would be likely to further
6532-449: The power of judicial interpretation of the constitution and law in the PRC, including the Basic Law of Hong Kong and Macau . In contrast to common law jurisdiction in which stare decisis gives the power of both final interpretation and adjudication to a supreme court , within mainland China constitutional and legal interpretation is considered to be a legislative activity rather than
6624-449: The power to exercise legislative power when the NPC is not in session. For a while after establishment of the People's Republic , the power of the Standing Committee was limited to interpretation of its constitution and laws . At present, the NPC Standing Committee plays a key role in legislation and has the power to promulgate and amend most laws and decrees. Bills voted on by the National People's Congress are usually submitted by
6716-471: The principle of "gradual and orderly progress". According to Annex I and II of the Basic Law, the election method of the Chief Executive and the LegCo may be amended after 2007. On 29 December 2007, the NPCSC resolved that the Chief Executive and LegCo could be elected via universal suffrage in 2017 and 2020 respectively. The pan-democracy camp has become increasingly frustrated at the slow pace of reform. After
6808-496: The public." He added that the proposal would be voted on by party members on 13 December. Szeto Wah said the Democratic Party would not join in the resignations itself, but would support pan-democrats who stood for re-election. Martin Lee called on the other democrats to rethink their participation in the plan. In December, the Democratic Party membership voted 229 voted against, 54 in favour and one abstention not to join
6900-487: The referendum was contrary to the spirit of the Basic Law, but it was not illegal and the pan-democrats could not be prosecuted for it; an assistant professor of law at HKU, rejected claims that a non-binding referendum would contravene the Basic Law. An editorial in the SCMP said that while the Basic Law did not expressly rule out or permit referendums, Beijing's statement that the elections are unconstitutional has "dignified
6992-508: The resignation plan after a four-hour debate; Martin Lee expressed his disappointment. The Civic Party was initially lukewarm to the idea; it later responded with their "3-Stage Fight Plan for Universal Suffrage", which involves firstly negotiation with the government for a firm roadmap and timetable, Five Constituencies Resignation, and if that is not successful, mass resignation of all 23 democrats in Legco. Party co-founder Ronny Tong opposed
7084-506: The same day, Chan asked Legislative Council president Andrew Leung for leave from her legislative duties while she sought further treatment. Before speaking about her illness, she also asked Hongkongers to continue their fight for democracy and to believe in their faith. On 10 June 2019, Chan was handed a sentence of eight months suspended for two years, after the court was told that she would require radiotherapy treatment and will experience double vision for six months. Her brain tumour
7176-535: The scheme was legal. A government spokesman said they were obliged, by the Basic Law, to hold by-elections to fill vacant seats, but that any kind of referendum has no legal basis. A number of local legal scholars have since expressed their opinion that a referendum would not be illegal nor inconsistent with the Basic Law: Albert Chen , professor of law of the University of Hong Kong, said that
7268-615: The session agenda of the Standing Committee for the period pertaining and refer it to a plenary session of the Standing Committee for a decision. According to law, a bill may be proposed by the Chairperson's Council, or submitted to the Committee by the State Council, the Central Military Commission, the Supreme People's Court, the Supreme People's Procuratorate and deputies of the special committees of
7360-530: The split the pan-democratic camp. Around November 2009 there were disputes within the pan-democracy camp as to who would resign or not. Tong said he would not resign his seat in Legco if there was to be a mass resignation, but would instead leave the party he helped found. In November the Liberal Party chairman James Tien and Chan Yuen-han of the Federation of Trade Unions were looking to contest
7452-479: The state budget that prove necessary in the course of their implementation. The Standing Committee decides whether to ratify or abrogate treaties and important agreements reached with other countries. It institutes systems of titles and ranks for military and diplomatic personnel, and other specific titles and ranks, state medals and titles of honor as well as the granting of special pardons. The NPCSC decides on general or partial mobilization, and on entering into
7544-407: The tumour was caused by cancer, and an open brain surgery would be necessary for additional medical insights. On 24 April, the trial at West Kowloon Court adjourned her sentencing to 10 June, since Chan required brain surgery within two weeks. The other eight Occupy Central leaders were sentenced to different punishments, ranging from 200 hours community service to 16 months of jail time . In
7636-426: The two parties disagree, it will be very troublesome to coordinate and difficult to operate". A compromise was finally reached that greatly expanded the powers of the Standing Committee of the National People's Congress, making it a permanent legislature with the power to enact most laws and to review those for approval by the NPC. The NPCSC currently has 175 members, and consists of a chairman , vice chairpersons ,
7728-424: The two parties for their "farce." The amendment was defeated by a 14-to-37 vote. It was supported by three HKFTU members, the DAB legislators, together with Paul Tse and Priscilla Leung, but voted down in both the functional and geographical constituencies. Albert Ho said it was merely a political expression testing public opinion, and challenged those loyal to Beijing, saying that they should support "upgrad[ing] it to
7820-563: The vacancies, and "declare those lawmakers are no longer qualified for office if they are absent from meetings for three consecutive months without valid reasons." The Constitutional and Mainland Affairs Bureau has estimated that the by-elections would cost HK$ 150 million (US$ 19.3 million). The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) and the Liberal Party have not decided whether to approve
7912-613: The voting, which was just 50% of the total votes. A notable use of the constitutional interpretation power occurred in 1999 over the right of abode issue in the Hong Kong Special Administrative Region in Lau Kong Yung v. Director of Immigration . The NPCSC interpreted the Basic Law of Hong Kong in accordance with the position taken by the Hong Kong government with respect to the eligibility of permanent residency in Hong Kong. In 2014,
8004-640: The work of the State Council , the Central Military Commission of the PRC , the National Supervisory Commission , the Supreme People's Court and the Supreme People's Procuratorate . It has the power to annul administrative regulations, decisions and orders of the State Council that go against the Constitution and other legislative acts of the NPC and itself, and to annul local regulations or decisions of
8096-804: Was an election held on 16 May 2010 in Hong Kong for all five geographical constituencies of the Legislative Council (LegCo), triggered by the resignation of five pan-democrat Legislative Councillors in January of the same year. Discussions among the pan-democrats commenced in July 2009 for five legislators to resign to force a territory-wide by-election. The plan, which they dubbed the Five Constituencies Referendum (五區公投) or Five Constituencies Resignation (五區總辭), involved one pan-democratic legislator resigning from each of
8188-414: Was elected, she lost re-election under the party-list proportional representation system. In the 2016 legislative election , she was returned to the Legislative Council, succeeding outgoing Kenneth Chan's seat. On 9 April 2019, at West Kowloon Court , Chan and eight others were found guilty of public nuisance and incitement over their roles in the 2014 Hong Kong protests . Earlier, Chan scheduled
8280-612: Was found to be benign , but had not been completely removed, and needed further therapy. The court was also asked to consider her record of public service since 2006. Chan moved to Taiwan, and in 2024, opened a restaurant in Taipei 's Songshan District . [REDACTED] Media related to Tanya Chan at Wikimedia Commons Standing Committee of the National People%27s Congress Vacant The Standing Committee of
8372-409: Was held to discuss the plan in or around September 2009 between Anson Chan , Martin Lee , Allen Lee , and Szeto, brokered by Jimmy Lai , during which he voiced opposition to the "unworkable" plan; the others who attended the meeting appeared to have softened their stance subsequently. In November 2009, Albert Ho declared his opposition to the referendum plan, as his party was "elected to fight for
8464-459: Was not sure if he would even cast a vote. Audrey Eu said that Tsang's remarks were inappropriate. Wong Yuk-man of the League of Social Democrats suggested that a boycott by Tsang could result in increased voter turnout. Ronny Tong asked whether Tsang had broken the law by declaring he might not vote. Secretary for Home Affairs Tsang Tak-sing refused to publicly state whether or not he would be voting, stating that he did not have knowledge of all
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