Chief Executive of China's Hong Kong Special Administrative Region (HKSAR) Carrie Lam Tuesday expressed her gratitude to the Standing Committee of the National People's Congress (NPC) for its decision for the sixth Legislative Council (LegCo) of the HKSAR to continue to discharge duties, resolving the problem of a lacuna in the legislature arising from the postponement of the election of the seventh LegCo for a year. The HKSAR government announced on July 31 that owing to the severe COVID-19 epidemic situation, the chief executive acting after consultation with the Executive Council decided to postpone the LegCo General Election, originally scheduled for Sept. 6, 2020, for a year in order to protect public safety and public health as well as to ensure that the LegCo election can be conducted openly and fairly.
Article 69 of the HKSAR Basic Law stipulates that the term of office of the Legislative Council of the HKSAR shall be four years, except the first term which shall be two years. Therefore, the current term of the LegCo would end on Sept. 30, 2020, and there would be a lacuna in the legislature of the HKSAR before the formation of the seventh LegCo.
To resolve this problem, the chief executive, after the HKSAR executive council had made the decision, submitted an urgent report to the central government seeking its support and guidance.
The State Council subsequently replied and expressed support for the decision of the HKSAR government to postpone the election of the seventh LegCo by one year, and stated that it would make a submission in accordance with the law to the Standing Committee of the NPC for a decision on the issue of the lacuna in the legislature.
Lam said that the Standing Committee of the NPC made an authoritative decision in accordance with the relevant provisions in the Constitution of the People's Republic of China and the HKSAR Basic Law, fully resolving the issue of the lacuna in the legislature arising from the postponement of the election.
It not only maintains the constitutional and legal order of the HKSAR, but also ensures the normal governance of the HKSAR government and the normal operation of society, Lam said.
She added that the decision also demonstrates once again the care and support of the central government for the HKSAR.
According to the decision, after Sept. 30, 2020, the sixth LegCo of the HKSAR will continue to discharge its duties for no less than one year until the commencement of the seventh LegCo.
The decision also stated clearly that the seventh LegCo of the HKSAR will have a term of four years after it has been formed in accordance with the law.
The HKSAR government will publish in the gazette the decision of the Standing Committee of the NPC in due course. It will also publish in the gazette the withdrawal of the decision made by the chief executive earlier in accordance with section 6 of the Legislative Council Ordinance on the prorogation of the sixth LegCo, which was made having regard to the LegCo General Election. The withdrawal will enable the sixth LegCo to resume operation at an early juncture when necessary.