London Daily

Focus on the big picture.
Tuesday, Nov 11, 2025

Criticism of Hong Kong electoral reforms has no legal grounds

Criticism of Hong Kong electoral reforms has no legal grounds

The revamp is aimed at synthesising a new democratic electoral system best suited to Hong Kong’s actual situation and with Hong Kong characteristics. The ultimate aim of universal suffrage, as promised in the Basic Law, remains unchanged.
The Standing Committee of the National People’s Congress (NPC) adopted the amended Annex I to the Basic Law on Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region, and Annex II to the Basic Law on Method for the Formation of the Legislative Council of the Hong Kong SAR and its Voting Procedures on March 30. The amendments aim to establish a political structure that conforms to the “one country, two systems” principle, is suited to the actual situation of Hong Kong, and ensures “patriots administering Hong Kong”.

Yet, there are assertions that the amendments are either “a breach of the Sino-British Joint Declaration” or “breaking with international obligations. These assertions, which come with strong political overtones, are baseless.

The NPC is the highest state organ of power in China, and is responsible for overseeing the enforcement of the constitution, and deciding on the establishment of special administrative regions and the systems to be instituted there. The electoral system of the Hong Kong SAR forms an important part of the constitutional order, which falls under the purview of the central authorities. When there is a need to improve the electoral system, the NPC has the power and duty to do so under the constitution.

Every place has its own historical, cultural and political background, and hence there is no one panacea for all in respect of electoral systems and improvements to be made. The NPC Standing Committee, when deliberating the amendments to Annexes I and II to the Basic Law, has already taken into account the actual situation in Hong Kong.

It should be noted that the ultimate aim of universal suffrage, to be achieved in light of the actual situation in Hong Kong and in accordance with the principle of gradual and orderly process, as specified in Articles 45 and 68 of the Basic Law, remains unchanged.

In giving explanations on the draft Basic Law in 1990, Ji Pengfei, chairman of the Basic Law drafting committee, noted: “The political structure of the Hong Kong Special Administrative Region should accord with the principle of ‘one country, two systems’ and aim to maintain stability and prosperity in Hong Kong in line with its legal status and actual situation. To this end, consideration must be given to the interests of the different sectors of society and the structure must facilitate the development of the capitalist economy in the region. While the part of the existing political structure proven to be effective will be maintained, a democratic system that suits Hong Kong’s reality should gradually be introduced.”

This explains why the overall design of the improved electoral system is aimed at synthesising a new democratic electoral system suited to Hong Kong’s actual situation and with Hong Kong characteristics.

As a matter of fact, when the International Covenant on Civil and Political Rights was applied to Hong Kong in 1976, Britain reserved the right not to apply Article 25(b) “in so far as it may require the establishment of an elected Executive or Legislative Council in Hong Kong”. Lord Jonathan Sumption, who recently commented in The Times, also stated that “[d]emocracy has never existed in Hong Kong, but the rule of law has and still does”.

When negotiating the Joint Declaration, the late Dr Chung Sze-yuen in his memoir Hong Kong’s Journey to Reunification reported that Britain was actually aware that the legislature would be constituted by “elections”, with the word “direct” taken out and the plural “elections” instead of “election” adopted in Annex I to the Joint Declaration (elaboration by the Chinese government of its basic policies regarding Hong Kong), indicating a mixture of forms of election for the legislature. The Joint Declaration clearly does not refer to universal suffrage. Universal suffrage is only to be found in Articles 45 and 68 of the Basic Law.

The European Court of Human Rights has repeatedly emphasised the latitude given to each state in setting the rules governing eligibility to stand for election and the diversity of possible approaches within the European Union. In the case Zdanoka vs Latvia, the court held that: “There are numerous ways of organising and running electoral systems and a wealth of differences, inter alia, in historical development, cultural diversity and political thought within Europe, which it is for each contracting state to mould into its own democratic vision”, and “any electoral legislation must be assessed in the light of the political evolution of the country concerned”.

The Court of First Instance held in the case Wong Hin Wai vs Secretary for Justice that when considering the justifications for restrictions on the rights to vote and to stand for election, “the court must also have regard to the historical and current state of political development in Hong Kong”. “[T]he constitutionality of [an electoral provision] must be assessed against the legislative history … and the overall political development in Hong Kong. Overseas decisions on similar restriction, geared towards political and historical developments in those countries, would not be of much assistance in deciding the proper balance to be struck in Hong Kong.”

In assessing the proportionality of restrictions on electoral rights on national security grounds, Article 2 of the Hong Kong national security law
provides: “The provisions in Articles 1 and 12 of the Basic Law of the Hong Kong [SAR] on the legal status of the Hong Kong [SAR] are the fundamental provisions in the Basic Law. No institution, organisation or individual in the region shall contravene these provisions in exercising their rights and freedoms.”

The above addresses the unwarranted misunderstandings arising from the decision by the NPC and the subsequent amendments to the Annexes to the Basic Law by the NPC Standing Committee. It is hoped that foreign states should respect the exercise of sovereign rights by China and do not interfere into its internal affairs under the principle of non-intervention.
Newsletter

Related Articles

0:00
0:00
Close
UK and Germany Sound Alarm on Russian-Satellite Threat to Critical Infrastructure
Former Prince Andrew Faces U.S. Congressional Request for Testimony Amid Brexit of Royal Title
BBC Director-General Tim Davie and News CEO Deborah Turness Resign Amid Editing Controversy
Tom Cruise Arrives by Helicopter at UK Scientology Fundraiser Amid Local Protests
Prince Andrew and Sarah Ferguson Face Fresh UK Probes Amid Royal Fallout
Mothers Link Teen Suicides to AI Chatbots in Growing Legal Battle
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
A Vote Worth a Trillion Dollars: Elon Musk’s Defining Day
AI Researchers Claim Human-Level General Intelligence Is Already Here
President Donald Trump Challenges Nigeria with Military Options Over Alleged Christian Killings
Nancy Pelosi Finally Announces She Will Not Seek Re-Election, Signalling End of Long Congressional Career
UK Pre-Budget Blues and Rate-Cut Concerns Pile Pressure on Pound
ITV Warns of Nine-Per-Cent Drop in Q4 Advertising Revenue Amid Budget Uncertainty
National Grid Posts Slightly Stronger-Than-Expected Half-Year Profit as Regulatory Investments Drive Growth
UK Business Lobby Urges Reeves to Break Tax Pledges and Build Fiscal Headroom
UK to Launch Consultation on Stablecoin Regulation on November 10
UK Savers Rush to Withdraw Pension Cash Ahead of Budget Amid Tax-Change Fears
Massive Spoilers Emerge from MAFS UK 2025: Couple Swaps, Dating App Leaks and Reunion Bombshells
Kurdish-led Crime Network Operates UK Mini-Marts to Exploit Migrants and Sell Illicit Goods
UK Income Tax Hike Could Trigger £1 Billion Cut to Scotland’s Budget, Warns Finance Secretary
Tommy Robinson Acquitted of Terror-related Charge After Phone PIN Dispute
Boris Johnson Condemns Western Support for Hamas at Jewish Community Conference
HII Welcomes UK’s Westley Group to Strengthen AUKUS Submarine Supply Chain
Tragedy in Serbia: Coach Mladen Žižović Collapses During Match and Dies at 44
Diplo Says He Dated Katy Perry — and Justin Trudeau
Dick Cheney, Former U.S. Vice President, Dies at 84
Trump Calls Title Removal of Andrew ‘Tragic Situation’ Amid Royal Fallout
UK Bonds Rally as Chancellor Reeves Briefs Markets Ahead of November Budget
UK Report Backs Generational Smoking Ban Ahead of Tobacco & Vapes Bill Review
UK’s Domino’s Pizza Group Reports Modest Like-for-Like Sales Growth in Q3
UK Supplies Additional Storm Shadow Missiles to Ukraine as Trump Alleges Russian Underground Nuclear Tests
High-Profile Broodmare Puca Sells for Five Million Dollars at Fasig-Tipton ‘Night of the Stars’
Wilt Chamberlain’s One-of-a-Kind ‘Searcher 1’ Supercar Heads to Auction
Erling Haaland’s Remarkable Run: 13 Premier League Goals in 10 Matches and Eyes on History
UK Labour Peer Warns of Emerging ‘Constituency for Hating Jews’ in Britain
UK Home Secretary Admits Loss of Border Control, Warns Public Trust at Risk
President Trump Expresses Sympathy for UK Royal Family After Title Stripping of Prince Andrew
Former Prince Andrew to Lose His Last Military Title as King Charles Moves to End His Public Role
King Charles Relocates Andrew to Sandringham Estate and Strips Titles Amid Epstein Fallout
Two Arrested After Mass Stabbing on UK Train Leaves Ten Hospitalised
Glamour UK Says ‘Stay Mad Jo x’ After Really Big Rowling Backlash
Former Prince Prince Andrew Faces Possible U.S. Congressional Appearance Over Jeffrey Epstein Inquiry
×