Following is the full text of the Decision of the Standing
Committee of the National People's Congress on Issues Relating to
the Methods for Selecting the Chief Executive of the Hong Kong
Special Administrative Region and for Forming the Legislative
Council of the Hong Kong Special Administrative Region in the Year
2012 and on Issues Relating to Universal Suffrage:
The Decision of the Standing Committee of the National People's
Congress on Issues Relating to the Methods for Selecting the Chief
Executive of the Hong Kong Special Administrative Region and for
Forming the Legislative Council of the Hong Kong Special
Administrative Region in the Year 2012 and on Issues Relating to
Universal Suffrage
Adopted by the Standing Committee of the Tenth National People's
Congress at its Thirty-first Session on 29 December 2007
The Standing Committee of the Tenth National People's Congress
considered at its Thirty-first Session the "Report on the Public
Consultation on Constitutional Development and on whether there is
a need to amend the methods for selecting the Chief Executive of
the Hong Kong Special Administrative Region and for forming the
Legislative Council of the Hong Kong Special Administrative Region
in 2012" submitted by Tsang Yam-kuen, the Chief Executive of the
Hong Kong Special Administrative Region, on 12 December 2007. The
session is of the view that appropriate amendments may be made to
the specific method for selecting the fourth Chief Executive and
the specific method for forming the fifth term Legislative Council
of the Hong Kong Special Administrative Region in the year 2012;
that the election of the fifth Chief Executive of the Hong Kong
Special Administrative Region in the year 2017 may be implemented
by the method of universal suffrage; that after the Chief Executive
is selected by universal suffrage, the election of the Legislative
Council of the Hong Kong Special Administrative Region may be
implemented by the method of electing all the members by universal
suffrage. Pursuant to the relevant provisions of the Basic Law of
the Hong Kong Special Administrative Region of the People's
Republic of China and "The Interpretation by the Standing Committee
of the National People's Congress of Article 7 of Annex I and
Article III of Annex II to the Basic Law of the Hong Kong Special
Administrative Region of the People's Republic of China", the
Standing Committee of the National People's Congress hereby makes
the following decision:
1. The election of the fourth Chief Executive of the Hong Kong
Special Administrative Region in the year 2012 shall not be
implemented by the method of universal suffrage. The election of
the fifth term Legislative Council of the Hong Kong Special
Administrative Region in the year 2012 shall not be implemented by
the method of electing all the members by universal suffrage. The
half-and-half ratio between members returned by functional
constituencies and members returned by geographical constituencies
through direct elections shall remain unchanged. The procedures for
voting on bills and motions in the Legislative Council shall remain
unchanged. Subject to the aforementioned, appropriate amendments
conforming to the principle of gradual and orderly progress may be
made to the specific method for selecting the fourth Chief
Executive of the Hong Kong Special Administrative Region in the
year 2012 and the specific method for forming the fifth term
Legislative Council of the Hong Kong Special Administrative Region
in the year 2012 in accordance with the provisions of Article 45
and 68, and those of Article 7 of Annex I and Article III of Annex
II to the Basic Law of the Hong Kong Special Administrative Region
of the People's Republic of China.
2. At an appropriate time prior to the selection of the Chief
Executive of the Hong Kong Special Administrative Region by
universal suffrage, the Chief Executive shall make a report to the
Standing Committee of the National People's Congress as regards the
issue of amending the method for selecting the Chief Executive in
accordance with the relevant provisions of the Hong Kong Basic Law
and "The Interpretation by the Standing Committee of the National
People's Congress of Article 7 of annex I and Article III of Annex
II to the Basic Law of the Hong Kong Special Administrative Region
of the People's Republic of China"; a determination thereon shall
be made by the Standing committee of the National People's
Congress. The bills on the amendments to the method for selecting
the Chief Executive and the proposed amendments to such bills shall
be introduced by the Government of the Hong Kong Special
Administrative Region to the Legislative Council; such amendments
must be made with the endorsement of a two-thirds majority of all
the members of the Legislative Council and the consent of the Chief
Executive and they shall be reported to the Standing Committee of
the National People's Congress for approval.
3. At an appropriate time prior to the election of all the
members of the Legislative Council of the Hong Kong Special
Administrative Region by universal suffrage, the Chief Executive
shall make a report to the Standing Committee of the National
People's congress as regards the issue of amending the method for
forming the Legislative Council and the issue of whether any
corresponding amendment should be made to the procedures for voting
on bills and motions in the Legislative Council; a determination
thereon shall be made by the Standing Committee of the National
People's Congress. The bills on the amendment to the method for
forming the Legislative Council and its procedures for voting on
bills and motions and the proposed amendments to such bills shall
be introduced by the Government of the Hong KOng Special
Administrative Region to the Legislative Council; such amendments
must be made with the endorsement of a two-thirds majority of all
the members of the Legislative Council and the consent of the Chief
Executive and they shall be reported to the Standing Committee of
the National People's Congress for the record.
4. If no amendment is made to the method for selecting the Chief
Executive, the method for forming the Legislative Council or its
procedures for voting on bills and motions in accordance with the
legal procedures, the method for selecting the Chief Executive used
for the preceding term shall continue to apply, and the method for
forming the Legislative Council and the procedures for voting on
bills and motions used for the preceding term shall continue to
apply.
The Session is of the view that in accordance with the
provisions of Article 45 of the Hong Kong Basic Law, in selecting
the Chief Executive of the Hong Kong Special Administrative Region
by the method of universal suffrage, a broadly representative
nominating committee shall be formed. The nominating committee may
be formed with reference to the current provisions regarding the
Election Committee in Annex I to the Hong Kong Basic Law. The
nominating committee shall in accordance with democratic procedures
nominate a certain number of candidates for the office of the Chief
Executive, who is to be elected through universal suffrage by all
registered electors of the Hong Kong Special Administrative Region,
and to be appointed by the Central People's Government.
The Session is of the view that with the joint efforts of the
Government of the Hong Kong Special Administrative Region and the
people of Hong Kong, the democratic system of the Hong Kong Special
Administrative Region will definitely make progress continuously,
and that the aim of the selection of the Chief Executive and the
election of the Chief Executive and the election of all the members
of the Legislative Council by universal suffrage will be realized
in accordance with the Hong Kong Basic Law and this Decision.
(Xinhua News Agency December 29, 2007)