Policy Address

II. Constitutional Development

13.       The relationship between the Sino-British Joint Declaration and universal suffrage has been mentioned in recent discussions on constitutional development.  The relevant provisions of the Sino-British Joint Declaration state that:

"The chief executive will be appointed by the Central People's Government on the basis of the results of elections or consultations to be held locally.  Principal officials will be nominated by the chief executive of the Hong Kong Special Administrative Region for appointment by the Central People's Government."

"The above-stated basic policies of the People's Republic of China regarding Hong Kong and the elaboration of them in Annex I to this Joint Declaration will be stipulated, in a Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, by the National People's Congress of the People's Republic of China, and they will remain unchanged for 50 years."

14.       Universal suffrage for the Chief Executive election was stipulated for the first time in the Basic Law, and not the Sino-British Joint Declaration.  Article 45 of the Basic Law provides that "the method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress.  The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.  The specific method for selecting the Chief Executive is prescribed in Annex I: ‘Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region’."  Annex I of the Basic Law further states that "if there is a need to amend the method for selecting the Chief Executives for the terms subsequent to the year 2007, 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".

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