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Opinion / Op-Ed Contributors

SAR Basic Law is the base

By Rao Geping (China Daily) Updated: 2014-08-25 08:11

Love the country and love Hong Kong is the basic requirement for candidates for Chief Executive of the special administrative region

Discussion about Hong Kong's universal suffrage should stick to the Basic Law of the Hong Kong Special Administrative Region and the constitutional development principle determined by the Standing Committee of the National People's Congress.

Constitutional development means the evolution and development of the Chief Executive and Legislative Council elections and universal suffrage. The legal bases for this are the Basic Law and the decision of the Standing Committee of the National People's Congress in December, 2007.

Article 45 of the Basic Law is the fundamental legal basis for electing the Chief Executive. It stipulates that the Chief Executive shall be selected by election or through consultations held locally and be appointed by the Central People's Government. 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.

A leader of any nation or region is first defined as a political figure, and he or she should and must have his or her political stand. An election of political leaders should include review of the candidates' political standards. Loving and being loyal to one's country is a basic political standard in international practice, as well as the minimal political requirement from the perspective of national sovereignty. The central government's political standard of "love the country, love Hong Kong" required of the candidates for Chief Executive is determined by Hong Kong's status in China's constitutional system, the relationship between the central government and Hong Kong as well as the special identity of the Chief Executive, which is also stipulated by the Basic Law.

Hong Kong is China's territory. It is not an independent political entity. Hong Kong is subject to China's Constitution and the Basic Law and is under the direct jurisdiction of the central government, which has the obligation to safeguard national sovereignty and national interests.

The Basic Law clearly stipulates that the central government has the right of appointment and right of supervision of Hong Kong's Chief Executive and other senior officials, which of course includes making political demands of the Chief Executive. The Chief Executive is not only the top leader of Hong Kong, but also an official appointed by the central government with the responsibility of implementing the Basic Law in Hong Kong and has the obligation of obeying instructions from the central government. The Chief Executive is the political bridge between the central government and Hong Kong.

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