You can’t dismiss a popular demand simply because it goes against the Basic Law, says HKBA
Hong Kong Bar Association warns government of “misuse and abuse of the concept of the Rule of Law”
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2 min readJul 11, 2014
- The Hong Kong government will release two important reports next Tuesday, where it may formally reject the popular demand for the nomination of Chief Executive candidates by the public.
- The Hong Kong Bar Association said in April that public nomination is technically incompatible with the Basic Law.
- Today’s statement reiterates the view. But it also says that the objective of public nomination — “to ensure maximum participation of the general electorate in the nomination process” — can be compatible with the Basic Law.
- It would be “irresponsible” for the Hong Kong government to reject the proposal simply because it doesn't comply with the Basic Law “and then do no more about the proposal,” the statement says.
- Beijing and Hong Kong officials have said that public nomination violates the Basic Law, which says candidates are to be nominated by a nominating committee. In previous elections, the equivalent of the committee was dominated by pro-Beijing members, who in turn eliminated anyone Beijing disliked, however popular he was among all Hong Kong people.
- Article 45(2) of the Basic Law: (emphasis mine)
The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.
