Hong Kong electoral reform has neither breached the Sino-British Joint Declaration nor international obligations

The revamp is aimed at synthesising a new democratic electoral system best suited to Hong Kong’s actual situation and with Hong Kong characteristics

The ultimate aim of universal suffrage, as promised in the Basic Law, remains unchanged

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Teresa Cheng

Teresa Cheng, SC, is Hong Kong’s secretary for justice.

Published: 8:30am, 9 Apr 2021Updated: 8:30am, 9 Apr 2021

The Standing Committee of the National People’s Congress (NPC) adopted the amended Annex I to the Basic Law on Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region, and Annex II to the Basic Law on Method for the Formation of the Legislative Council of the Hong Kong SAR and its Voting Procedures on March 30. The amendments aim to establish a political structure that conforms to the “one country, two systems” principle, is suited to the actual situation of Hong Kong, and ensures “patriots administering Hong Kong”.

Yet, there are assertions that the amendments are either “a breach of the Sino-British Joint Declaration” or “breaking with international obligations. These assertions, which come with strong political overtones, are baseless.

The NPC is the highest state organ of power in China, and is responsible for overseeing the enforcement of the constitution, and deciding on the establishment of special administrative regions and the systems to be instituted there. The electoral system of the Hong Kong SAR forms an important part of the constitutional order, which falls under the purview of the central authorities. When there is a need to improve the electoral system, the NPC has the power and duty to do so under the constitution.

Every place has its own historical, cultural and political background, and hence there is no one panacea for all in respect of electoral systems and improvements to be made. The NPC Standing Committee, when deliberating the amendments to Annexes I and II to the Basic Law, has already taken into account the actual situation in Hong Kong.