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Reflecting on the Path to Perfecting Hong Kong SAR's Electoral System through the "Occupy Central" Event
Author: KONG Man Wai Vivian
Advisor: Mo Yuchuan
Institution: Law School
Field of Study: Constitutional and Administrative Law
Research Direction: Constitutional Studies and Hong Kong Basic Law
Thesis Keywords: SAR Electoral System: Occupy Central Event: Patriotism
Thesis Submission Date: June 1, 2021
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Abstract
From September 26 to December 15, 2014, Hong Kong experienced the so-called "Let Love and Peace Occupy Central" event (hereinafter referred to as the "Occupy Central" event). The "Occupy Central" event, through illegal road occupations and disrupting social order, claimed to fight for "true universal suffrage". This event exposed serious fissures within Hong Kong society and the tension between democracy and the rule of law in the SAR, causing great harm and having far-reaching consequences.
From the "Occupy Central" event in 2014 to the outbreak of the amendment storm in 2019, a series of political activities led to an imbalance in the practice of "one country, two systems". Only by strictly adhering to the rule of law can a solid foundation and reliable guarantee be provided for the realization of democracy in the Hong Kong SAR. The central government has the power and responsibility to stop violence and chaos through the "Constitution" and the "Basic Law", restore the rule of law order, perfect Hong Kong's electoral system, and protect the main and developmental interests.
This paper reflects on the path to perfecting the electoral system of the Hong Kong SAR through the "Occupy Central" event. The chaos caused by the "Occupy Central" event and the significant legal issues it raised deserve systematic thought and in-depth discussion to help prevent misunderstandings, doubts, denials, and attacks on the "one country, two systems" policy in the future, thereby accurately implementing the "one country, two systems" policy and eliminating political and social internal consumption. This paper starts with the "Occupy Central" event and the historical review of Hong Kong's electoral system, clarifies the positioning of Hong Kong's electoral system under the vision of the "Constitution" and the "Basic Law", and further explores the path to perfecting the relevant electoral system from this basis.
"One country, two systems" is an interactive, continuously evolving legal and political process. How to accurately interpret and implement the "Basic Law" regarding the scope and protection of the SAR's electoral system under "one country, two systems" is worthy of deep exploration. "One country, two systems" is a holistic institutional system that emphasizes national unity and takes into account the special nature of local systems. It should be observed as part of the national governance system, and the interpretation mode of the Hong Kong Basic Law is stipulated by Article 158 of the "Basic Law". Since the Basic Law is enacted by the National People's Congress, the right to interpret the Basic Law belongs to the Standing Committee of the National People's Congress. At the same time, the National People's Congress authorizes the SAR courts to interpret the provisions of the Hong Kong Basic Law within the scope of SAR autonomy when handling cases. Multiple social events have shown that the interpretation of the Standing Committee of the National People's Congress is not comprehensive, and the key words of Article 158 of the law, "scope of autonomy" and "self-interpretation", as well as Article 45 regarding "universal suffrage" and its criteria and judgments, have continuously prevented Hong Kong society from clearly recognizing the status of SAR autonomy and power restrictions under "one country, two systems".
BY 香港民主自由資訊目錄
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