China News Service, Hong Kong, July 31 (Reporter Zeng Ping) In view of the continued severity of the new crown pneumonia epidemic, the Hong Kong Special Administrative Region Government announced on July 31 that it would postpone the general election of the Legislative Council originally scheduled for September 6 this year by one year. In an interview with a reporter from China News Agency, a person in the legal profession said that it is reasonable and the only feasible way to apply the "Emergency Regulations" (Emergency Law) to postpone the Legislative Council election.
The former deputy director of the Hong Kong Basic Law Committee of the Standing Committee of the National People’s Congress and the first Secretary of Justice of the Hong Kong Special Administrative Region Government, Leung Ai-shi, said that the Hong Kong Special Administrative Region government has clearly stated the reasons for the adjournment. The Legislative Council election is completely reasonable.
"Using the emergency law is the fastest and most effective method." Liang Aishi said that the SAR government can use the emergency law when a situation that endangers public safety and health occurs. The Hong Kong Court of Appeal has ruled in April this year that the emergency law is constitutional. In the event of postponement of elections, the Central People's Government will ask the Standing Committee of the National People's Congress to make a decision on how to deal with the term of office of members of the Legislative Council. This can help Hong Kong resolve relevant legal issues.
Liang Aishi believes that the SAR government has made a decision to postpone the election in response to the current epidemic, and that this decision has sufficient factual and legal basis.
Senior Counsel Tang Jiahua, a member of the Executive Council of the Hong Kong Special Administrative Region, said that it is appropriate for the SAR government to make a decision to postpone the election at this time, and it is the only feasible way to apply the emergency law to postpone the Legislative Council election.
Tang Jiahua said that Hong Kong has a large number of voters as a whole, but Hong Kong has a small place. These voters have to vote in one day, which is relatively risky. In addition, many residents who are not in Hong Kong cannot return to Hong Kong to vote.
He pointed out that the Legislative Council will deal with specific matters at specific times each year, such as the "policy address" in October. In order not to disrupt the schedule, and when the epidemic is unknown when it is under control, a one-year delay is more appropriate and safe. s arrangement.
The Chinese Lawyers Association of Hong Kong expressed its support for the SAR government to put life, health, and public health safety as its top priority, invoke the emergency law to postpone the Legislative Council election for one year, and ask the Standing Committee of the National People's Congress to discuss the constitutional issues caused by the vacuum of the Hong Kong SAR Legislative Council. Seek instructions. The Hong Kong Lawyers Association believes that this move is based on actual conditions, is necessary, and is in the public interest. (Finish)