Look at the absurd nature of the “Occupy Central Referendum”
Professor of w88 casino Lian Si
(Source: "Ta Kung Pao"2014-6-21 A6 version）
Countries around the world are very cautious about launching referendums. Their referendum operations are completed within a certain legal framework. During this period, the referendum topic setting, proposal launch, dialogue review, referendum implementation, referendum threshold, referendum effectiveness, etc. are strictly regulated and set. And currently some people are deliberately vagueHong Kong8915_8928“Occupy Central Referendum”, essentially to achieve its“Split”Even“Hong Kong Independence”'s political purpose.
一、“Occupy Central Referendum”No legal basis
1.None in Hong Kong“Referendum”9992_10103“Occupy Central Referendum”w88 slot also does not involve sovereignty matters such as territorial scope. w88 slot does not fall within the scope of a referendum on national self-determination and cannot find any legal basis in international law.
2.None in Hong Kong“Referendum”'s national constitution or individual legal basis. As a local administrative region of Hong Kong, the Constitution of the People's Republic of China is the supreme law that Hong Kong must abide by. If the Hong Kong Special Administrative Region is to proceed“Referendum”w88 slot must comply with the provisions of the Constitution. There is no relevant provision for a referendum in the Constitution, and w88 slot has not been implemented in any region of China“Referendum”'s rights. In addition to the Constitution, there are no provisions regarding referendums in the Organic Law of the National People's Congress, the Organic Law of the State Council, the Legislation Law and other relevant individual constitutional laws in my country. Therefore, Hong Kong's referendum has no legal basis either in our country's constitution or individual laws.
3.None in Hong Kong“Referendum”’s Basic Law and the basis for interpretation by the Standing Committee of the National People’s Congress. Looking at the Basic Law and the special zone laws, there are no relevant provisions. According to Article of the Basic Law158Article1, the power to interpret the Basic Law belongs to the Standing Committee of the National People’s Congress, and at the same time, Article 11490_11521| of the Legislation Law4711547_11597“Referendum”Make provisions.
To sum up, the various current activities in Hong Kong“Referendum”The campaign has no legal basis and is completely invalid.
二、“Occupy Central Referendum”Violates the spirit of modern rule of law
1.This time“Referendum”The behavior does not conform to the concept of the rule of law. There are two basic principles of modern rule of law: First, private law rights are the core and must be followed“Everyone is free unless prohibited by law”; The second is that public law takes the state’s public power as the axis and follows“w88 slot cannot be done without authorization”. Private law mainly adjusts the relationship between individuals, while public law mainly adjusts the relationship between the state and individuals.“Referendum”Since w88 slot is an act under public law, w88 slot should be an act conducted under the auspices of the government in accordance with the law. According to Article of the Basic Law of Hong Kong11Article2Provisions of paragraph,“The systems and policies of the Hong Kong SAR are based on the provisions of this Law (Basic Law),”Because there is no Basic Law“Referendum”Hong Kong cannot create the regulations“Referendum”Regulations, the government cannot preside over them“Referendum”. Therefore, Hong Kong“Referendum”Violation of public law must be followed“w88 slot cannot be done without authorization”、“Legal authority”’s modern legal spirit.
2.Hong Kong does not exist“Residual power”. Our country is a unitary country, and Hong Kong is not a member of a federal country. The local government of Hong Kong has never had its own powers. The high degree of autonomy of the Hong Kong Special Administrative Region is not inherent in Hong Kong, but granted by the central government. w88 slot is not clear how many powers the Central Government has granted to the Hong Kong Special Administrative Region. According to the provisions of Article 20 of the Basic Law, the Central Government can also grant w88 slot. There is no so-called“Residual power”Question. Therefore, in the absence of a referendum system provided for in the Basic Law, Hong Kong has no remaining power to create a referendum.
三、“Occupy Central Referendum”15336_15343
This time“Occupy Central Referendum”Allowing only Occupy Central supporters to participate, excluding other voices, and depriving other Hong Kong citizens of their right to participate violates the principle of pluralistic representation. The voting results cannot be representative at all, despite the name“Referendum”In name, in fact w88 slot fully exposed the organizers’ ulterior motives.
1, Modify the questionnaire settings to confuse the nature of voting.“Occupy Central Referendum”The core is to allow opposition supporters to vote on specific plans, but because“Occupy Central”The organizers’ deliberate laissez-faire, radicals responded with“Citizen nomination”Hijacking the moderates is likely to lead to a low turnout. Therefore, the organizers overturned the previous consensus and established an additional new one“Principle issue”. Change the key“Citizen nomination”The element is completely weakened and becomes“Do you support universal suffrage”. In fact, the two are not parallel in nature, but have contradictions and conflicts. Supporting universal suffrage does not mean supporting“Citizen nomination”, object“Citizen nomination”w88 slot can also support universal suffrage. referendum belongs to specific“thing”'s vote, not for“people”'s vote, but“Occupy Central Referendum”Obviously will“thing”’s votes are converted into“people”'s vote.
2, deliberately change the statistical method and manipulate the voting results.“Occupy Central”The organizer listed two questions on one page“Ballot”On top of each other, rather than calculating them independently, the purpose is to increase the statistics to the maximum extent. For example, if someone only casts the second“A matter of principle”, without voting for the first one“Program question”, regardless of the outcome, and regardless of the true opinions of the voters, will ultimately be counted as the same“Survey data”Within. If the votes for the two issues are counted separately, the final result will inevitably seriously weaken the overall voting result. Obviously,“Occupy Central”The organizers do not want to see this situation, so they have to use statistical methods to achieve the purpose of confusing the public.
3, Set a trap,“Kidnapping”Moderate. By modifying voting content and tampering with statistical methods,“Occupy Central”Organizers can not only directly increase voting rates, but also completely“Banned”Other dissenters. If moderate forces refuse to vote for other reasons, they will be labeled as“Selling out democracy”hat, any pair“Citizen nomination”Anyone who holds different views will inevitably be criticized“Occupy Central”The faction attacks.
Visible,“Occupy Central”The organizers are fighting for w88 slot“True universal suffrage”, but the process of formulating the plan seriously deviated from its slogan and lacked diversity and tolerance.“Occupy Central Referendum”Not only does w88 slot have no legal basis, w88 slot is also difficult to stand up in terms of procedures. The three plans were screened out by a small circle, and the abstention votes were not included in the final statistics. In addition, the organizers created various rules that are beneficial to themselves in various aspects such as questionnaire setting, winning and losing standards, and consequences of defeat. To a large extent, they serve their special political purposes and can only be called with strong political purposes.“Poll”。
In fact, there are differences and connections between referendums and public opinion polls. Public opinion polls are a scientific survey activity that only exist as a tool. They have extremely close interactions with referendums. However, because referendums have certain political connotations, many people use them“Public opinion”Attributes to confuse the concepts between the two and try to transfer the results of the public opinion polls to the results of the referendum, which has achieved its specific political purpose.
If the results of the public opinion polls are inconsistent with the final voting results, w88 slot will inevitably arouse public doubts about the voting process. Therefore, before universal suffrage in Hong Kong, the so-called“Occupy Central Referendum”This type has a strong political purpose“Poll”, will inevitably seriously affect the credibility of universal suffrage and lead to deviations in public opinion. w88 slot may eventually lead to serious consequences: whoever controls the public opinion polling agency controls public opinion and then controls the public opinion orientation of Hong Kong's universal suffrage.
So essentially,“Occupy Central Referendum”w88 slot is just a disguised public opinion poll under the guise of a referendum. This political movement aimed at creating public opinion and coercing the central government and the SAR government is extremely harmful. w88 slot not only hinders the orderly advancement of Hong Kong's political reform and the healthy development of democratic politics, but also catalyzes various social conflicts and deepens the confrontation between the mainland and Hong Kong.
Attachment: Original report address:
http://news.takungpao.com/hkol/politics/2014-06/2553274.html
http://paper.takungpao.com/resfile/PDF/20140621/PDF/a6_screen.pdf
