3. On proposing amendments to the method for selecting the Chief Executive
The specific method for selecting the Chief Executive is stipulated in Annex I to the Hong Kong Basic Law. To amend the method for selecting the Chief Executive, a bill on amending the method for selecting the Chief Executive as well as relevant amendments to such bill shall be proposed by the Government of the Hong Kong Special Administrative Region in accordance with the relevant Decisions of the NPC Standing Committee. Accordingly, Article III of the Draft Decision stipulates that "The specific method of universal suffrage for the Chief Executive shall be prescribed in accordance with legal procedures through amending Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China: The Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region. The bill on the amendments and the proposed amendments to such bill shall be introduced by the Hong Kong Special Administrative Region Government to the Legislative Council of the Hong Kong Special Administrative Region in accordance with the Hong Kong Basic Law and the provisions of this Decision. Such amendments shall obtain the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive before being submitted to the Standing Committee of the National People's Congress for approval."
4. On continued application of existing provisions relating to the method for selecting the Chief Executive if no amendment is made to the method
Pursuant to the Interpretation made by the NPC Standing Committee in 2004, if no amendment is made to the method, existing provisions relating to the method for selecting the Chief Executive, the method for forming the Legislative Council and the procedures for voting on bills and motions will remain applicable. In 2007, the NPC Standing Committee reaffirmed the above position in its Decision on Issues Relating to the Methods for Selecting the Chief Executive and Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2012 and on Issues Relating to Universal Suffrage. In the premises, Article IV of the Draft Decision stipulates that "If the specific method of universal suffrage for selecting the Chief Executive is not adopted in accordance with legal procedures, the method used for selecting the Chief Executive for the preceding term shall continue to apply."
5. On the issue of amending the method for forming the Legislative Council in 2016
As pointed out by the Report by the Chief Executive, the Hong Kong community generally agrees that efforts should now be focused on the proper handling of the election of the Chief Executive by universal suffrage; and that as relatively substantial amendments were made to the method for forming the Legislative Council in 2012, there is no need to amend Annex II to the Hong Kong Basic Law regarding the method for forming the Legislative Council in 2016. Upon deliberation, the members of the NPC Standing Committee are of the view that the amended method for forming the fifth term Legislative Council of the Hong Kong Special Administrative Region in 2012 already marked a major step towards greater democracy, and no amendment shall be made to the existing method for forming the Legislative Council and to the procedures for voting as prescribed in Annex II to the Hong Kong Basic Law, which is to say that the current formation method and procedures for voting will continue to apply to the sixth term Legislative Council in 2016. This is consistent with the principle of gradual and orderly progress in developing a democratic system that suits the actual situation of Hong Kong, in conformity with the majority view in the Hong Kong community, and conducive to the efforts of all sectors of the community to first focus on properly handling the selection of the Chief Executive by universal suffrage, and it will create conditions for the attainment of the aim of electing all members of the Legislative Council by universal suffrage after the implementation of universal suffrage for the selection of the Chief Executive. In accordance with the deliberations of the members of the NPC Standing Committee and the views of various sides, Article V of the Draft Decision stipulates that "The existing formation method and voting procedures for the Legislative Council as prescribed in Annex II to the Hong Kong Basic Law will not be amended. The formation method and procedures for voting on bills and motions of the fifth term Legislative Council will continue to apply to the sixth term Legislative Council of the Hong Kong Special Administrative Region in 2016." To reflect the consistent position of the central authorities to resolutely and firmly develop the democratic system in Hong Kong, and to push for the attainment of the aim of electing all the members of the Legislative Council by universal suffrage, this article further stipulates that "After the election of the Chief Executive by universal suffrage, the election of all the members of the Legislative Council of the Hong Kong Special Administrative Region may be implemented by the method of universal suffrage. At an appropriate time prior to the election of the Legislative Council by universal suffrage, the Chief Executive elected by universal suffrage shall submit a report to the Standing Committee of the National People's Congress 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 as regards the issue of amending the method for forming the Legislative Council. A determination thereon shall be made by the Standing Committee of the National People's Congress."
You are kindly requested to consider whether the Draft Decision of the Standing Committee of the National People's Congress on Issues Relating to the Selection of the Chief Executive of the Hong Kong Special Administrative Region by Universal Suffrage and on the Method for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2016 and the above Explanations are in order.
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