Zhang Dejiang, chairman of the National People's Congress Standing Committee (NPCSC), met members of the Hong Kong and Macao delegations at the annual assembly of the Chinese People's Political Consultative Conference (CPPCC) National Committee in Beijing on Wednesday. During the meeting he reiterated that the Basic Laws of the two SARs are based on the nation's Constitution, adding that NPC and CPPCC delegates from the two SARs as well as the SARs' government officials should set an example in fully understanding the Constitution and respective Basic Laws.

His comments are apparently directed at attempts to misinterpret the Basic Law and mislead the public in Hong Kong over constitutional status of the SAR. Earlier Wednesday, Qiao Xiaoyang, director of the NPC Law Committee, and NPC spokeswoman Fu Ying said on separate occasions that the NPCSC decisions regarding methods for selecting the Chief Executive (CE) of the HKSAR by universal suffrage and of forming the Legislative Council (LegCo) have no room for modification. They, therefore, cannot be changed.

The NPC is the highest organ of State power, according to the nation's Constitution, while Hong Kong is a special administrative region of the People's Republic of China directly under the jurisdiction of the central government. The Basic Law of the HKSAR is based on the Constitution and only the NPC has the authority to amend, or interpret, it. The CE is appointed by and answers directly to the central government. Neither LegCo nor the judiciary of the HKSAR has the power to dictate whether the NPCSC can or cannot make the decisions with reference to Hong Kong affairs. The fact that Hong Kong has judicial independence does not mean its courts have the right and power to adjudicate over NPCSC decisions.

Certain political figures in Hong Kong have been trying to convince the public they can do whatever they want in the name of freedom and democracy and have gone so far as to violate existing law as a form of expression. "Occupy Central" immediately comes to mind. Such unlawful behavior directly threatens Hong Kong's prosperity and stability, and puts some of its core values in doubt. That was the main reason why "Occupy Central" failed to achieve its goals.

One of the leaders of this illegal campaign recently filed a petition with the High Court for the judicial review of the legality of the NPCSC decision reached on Aug 31, 2014 over Hong Kong's constitutional reforms. It is a futile maneuver designed to cause confusion about Hong Kong's constitutional status.

The truth is that one may have the right to petition for judicial review of local government policies, but Hong Kong courts simply do not have the authority to pass judgment on NPCSC decisions. In this case the High Court has no reason to accept the petition.

(HK Edition 03/05/2015 page10)