On The Restart Of Universal Suffrage For Chief Executive Of Hong Kong Special Administrative Region

Since the political reform package was rejected,Hong Kong's society has constantly emerged calls for a restart of the constitutional reforms.The strongest call comes from the Pan-Middle legislators who voted against the late universal electoral plan.They used every occasion to express their hopes for the HKSAR government.The urgent desire to restart the "five steps of political reform".In addition,Hong Kong's civil society has also expressed its desire to restart the political reform.The development of Hong Kong's constitutional system is one of the important contents of the “one country,two systems” policy.From the implementation of the provisions of the Basic Law and the relevant decisions of the Standing Committee of the National People's Congress,the Central Government and the Hong Kong Special Administrative Region have always faced the issue of when and how to restart the political reform and gradually implement the administration.Chief Executive and Legislative Council's Constitutional Responsibility for "Double Elections".Therefore,such appeals should arouse the attention of all parties and should be treated with caution.According to the "Road Map" of the universal suffrage set out in the "Hong Kong Basic Law" and the NPC Standing Committee's interpretation and decision,the Chief Executive plays an irreplaceable constitutional role in restarting the political reform.Although the current Chief Executive,Mrs.Lin,did not explicitly state when and under what conditions the political reforms would be resumed,she took active management ideas for more than half a year to try to improve the social opposition and create a favorable atmosphere for the political reform.The general direction of restarting the political reform in the future is actually quite clear.Because the political reform package was due to the lack of an absolute majority vote of the legislators,it fell to the third part of the “five pieces.” If the Central Government and the SAR Government have assessed that they do not have sufficient certainty,they have obtained the vast majority of the members of the Legislative Council.With support,the SAR Government will not rashly restart a new round of political reform consultations and step into the same failed river twice.One of the outstanding arguments of the Pan-Men senators who hold the Legislative Council's key minority vote in vetoing the political reform program is to oppose the NPC “8 · 31” decision.Therefore,the future of the political reforms has no more than three ways out: First,the NPC Standing Committee withdraws or modifies the "8.31" decision to meet the demands of the pan-democrats;secondly,it supports the SAR in the general election of the Legislative Council in 2020 or later.The government's formed camp holds more than two-thirds of the seats,ensuring that even if external forces interfere,it can also pass the political reform program;third,some members of the pan-democratic party change their positions and accept the “8.31” decision again,in the future political reform program.China voted in favor to form enough support for a political reform package.In the above three cases,based on the consistent position expressed by the Central Government since the 2015 political reform package was rejected,the first possibility is zero;the probability of the second occurrence is also extremely small,especially the number of members of the Legislative Council of the current Legislative Assembly.It is self-evident that the difficulty will not increase,and the degree of difficulty will be self-evident;for the third case,if a consensus or compromise cannot be reached within the Legislative Council,the political reform package will be difficult to pass;but there is only one such expectation.The timetable for universal suffrage was once again in an uncertain state after the political reform package was rejected in 2017.In view of the fact that the current government will shift its political focus to economic development and improvement of people's livelihood,the possibility of a restart in the short term is minimal.However,this article believes that the restart of the political reform is unquestionable because the “8.31 decision” of the NPC Standing Committee has already stated that the general election of the Chief Executive is derived from the provisions of Article 45(2)of the “Hong Kong Basic Law,” which means “finally reaching one”.There is a broad representativeness of the nominating committee's goal of universal suffrage after nomination according to democratic procedures.” Restructuring the constitutional system during the post-reform period has always been an obstacle to the removal of Hong Kong people.It is based on the above judgment that this topic has the necessary research and practical value.On the other hand,this topic does not imply academic value.The precondition for the resumption of the political reform is that the community of Hong Kong respects and recognizes the legal effectiveness of the NPC Standing Committee's decision on the political reform,considering that the failure of the last political reform was mainly due to the fact that the Pan-Members and their supporters did not recognize it as national legislation.The NPC Standing Committee's decision on the status of the relevant committee is arbitrarily opposed.Therefore,the NPC decides,in particular,the nature of the “8.31” decision,and its relationship as a “decision on relevant legal issues” and on the narrow sense of the law.The problem of rationality is still to be interpreted by the academic community in a normative sense.Furthermore,another obstacle to the resumption of universal suffrage is the constitutional basis of universal suffrage that has not been elucidated in the last attempt of political reform.If these academic issues have not been clarified by the academic circles themselves,then how can we persuade all Hong Kong people? We must not always believe that in the post-political reform era,political declaratory or call-to-action discourse can make a difference in the issue of reelection of universal suffrage.In other words,this article is a paper that "reflection is more important than constructiveness,supplementation,and innovation." This article strictly upholds the above-mentioned position and intends to start from a consideration of the constitutional development since the return of Hong Kong,and emphatically analyzes the constitutional basis and legal basis for resuming the general election of the Chief Executive in a normative sense,and then adopts an overall analysis of the actual situation in Hong Kong.After discussing the timing of the resumption of universal suffrage during the post-reform period,we finally put forward a realistic path for the resumption of universal suffrage,specifically,how to maximize the consensus of all parties and find that it is consistent with the relevant interpretations of the Hong Kong Basic Law and the NPC Standing Committee.We decided on a political reform program that best suits the actual situation in Hong Kong.