The Study On The Nominating Committee System Of Chief Executive Of Hongkong SAR

Nowadays, the focus of The Chief Executive election in Hong Kong is the nomination of candidate for The Chief Executive. According to the "Hong Kong Basic Law" and the relevant decisions of the NPC Standing Committee, the Chief Executive candidate of the HKSAR is elected by a broadly representative nominating committee. The reason why some people of our society does not accept this arrangement, is lacking of a correct understanding of the mechanism for The Nominating Committee.The first part, according to analyzing the basic theory of the Chief Executive, the paper proved the nature, function, value and constitutional legal basis for the nomination committee. The Nominating Committee System of Chief Executive of Hongkong SAR has filtration, correction and balance value, especially is very important to balance and coordination to deal with the constitutional relationship between the central and the Region. Hong Kong Basic Law Article 45 and the related interpretation and the NPC Standing Committee provided the legal basis for the operation of the constitutional system of the Nominating Committee.The second part, according to discriminating the dispute of the Nominating Committee System,the paper discussed the core elements of The Chief Executive nominating mechanism. The Chief Executive election shall be composed of a broadly representative nominating committee, the nominating committee procedure two to three candidates in accordance with democratic, every candidates shall receive more than half of all members of the nominating committee for their support. These provisions is in line with our constitutional arrangements for the Hong Kong SAR, which cleared the principles and institutional framework of the Chief Executive election.The third part, combined with the Hong Kong political reform advice, making recommendations for improving the smooth running of the nomination committee system. The Nomination Committee is the only nominated subject by the Hong Kong Basic Law, its smooth functioning need to respect the spirit of the Basic Law of Hong Kong, and fully understand the nomination committee system theoretical basis, legal basis and rational system.