The nomination period for the Hong Kong Election Committee subsector elections has closed. All 1,115 candidates have been confirmed eligible by the Candidate Eligibility Review Committee (CERC). In some quarters, that has been read as proof that the vetting is a mere formality: everyone got through, so what was the point?
The CERC reviews statutory conditions: whether a candidate upholds the Basic Law and bears allegiance to the Hong Kong Special Administrative Region (HKSAR). The review by the National Security Department of the Hong Kong Police Force feeds into a judgment by the Committee for Safeguarding National Security of the HKSAR. Where the Committee finds that a candidate does not meet those conditions, it issues a review opinion to the CERC, which then confirms the candidate's eligibility.
The legal basis for eligibility review extends beyond electoral legislation. It also encompasses the Basic Law, the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the Hong Kong National Security Law), the Interpretation of Article 104 of the Basic Law by the Standing Committee of the National People's Congress (NPCSC), and the NPCSC's decision on the qualification of members of the Legislative Council.
The CERC is appointed by the Chief Executive by notice published in the Gazette. Its chairperson and official members must be principal officials appointed under Article 48(5) of the Basic Law, that is, officials nominated by the Chief Executive and reported to the Central People's Government for appointment. Non-official members must not be public officers. The law also provides that a CERC decision confirming eligibility on the basis of the Committee for Safeguarding National Security's review opinion shall not be subject to legal proceedings.
All 1,115 passed. In the course of the review, no candidate was found not to meet the statutory requirements and conditions.
A thousand passengers clearing airport security does not mean the airport runs no screening.
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