The NPC Standing Committee (NPCSC) concluded another busy session on Thursday, June 10 with the adoption of eight bills. Two of them—the Anti–Foreign Sanctions Law [反外国制裁法] and the Data Security Law [数据安全法]—have already received worldwide attention and are sure to generate additional commentary in the days and weeks to come. Rather than adding duplicative coverage (beyond our Twitter thread on the sanctions law), we will try something new in this post-session recap. We will steer clear of the two blockbuster bills and will instead focus on two themes found in last week’s other legislation that may have escaped your attention.Continue reading “NPCSC Grants Broader Legislative Powers to Shanghai & Hainan, Widens Scope of Public Interest Litigation by Procuratorates”
UPDATE (June 7, 2021): Xinhua reported on June 7 that the NPCSC is also reviewing a draft Anti–Foreign Sanctions Law [反外国制裁法], which underwent a secret first review at the NPCSC’s April session, as well as a draft decision granting the Shanghai legislature authority to enact “Pudong New Area regulations” for the city’s Pudong New Area, an authority that appears comparable to that of cities encompassing special economic zones. Both bills are expected to pass on Thursday, June 10.
On Wednesday, May 26, the Council of Chairpersons decided to convene the 29th session of the 13th NPC Standing Committee (NPCSC) from June 7 to 10. This session is earlier than a regular NPCSC session, which typically takes place near the end of a month. This could mean either that the NPCSC is holding another session later this month, consistent with a recent Communist Party directive to add legislative sessions to speed up the pace of legislation; or that the NPCSC is making way for the Party’s centenary celebrations around July 1. Some urgent matter could also have required the NPCSC to meet earlier, but we have yet to see any such indication. The NPCSC will review at least ten bills at its upcoming session. A quick rundown follows.Continue reading “NPCSC Session Watch: Data Security, Legal Aid, Workplace Safety, Vocational Education & More (Updated)”
The 13th NPC Standing Committee (NPCSC) concluded its 28th session on Thursday, April 29. It approved the Rural Revitalization Promotion Law [乡村振兴促进法] and the Anti–Food Waste Law [反食品浪费法], revised the Maritime Traffic Safety Law [海上交通安全法] and a quasi-legislative decision on budget oversight, amended another ten laws, and authorized a set of regulatory pilot programs in China’s free trade zones. Below we take a closer look at some of these bills.Continue reading “NPCSC Passes Legislation to Support Rural Revitalization Campaign, Curb Food Waste & Combat Identity Thefts in School Admissions”
UPDATE (Apr. 28, 2021): According the readout of a Council of Chairpersons meeting on Wednesday morning, the NPCSC is scheduled to also approve the draft amendment to the Measures for Electing Delegates from the Chinese People’s Liberation Army to the NPC and Local People’s Congresses at or Above the County Level and the draft revision to the Decision on Strengthening the Review and Oversight of the Central Budget on Thursday.
UPDATE (Apr. 26, 2021): According to the readout of the session’s first plenary meeting on Monday morning, the NPC Constitution and Law Committee recommended that the NPCSC approve the following bills at this session: the draft Rural Revitalization Promotion Law, the draft Anti–Food Waste Law, the draft amendment to the Education Law, and the draft revision to the Maritime Traffic Safety Law. The readout also disclosed that the NPC Foreign Affairs Committee had submitted a draft Land Borders Law [陆地国界法] for review.
On Friday, April 16, the Council of Chairpersons decided to convene the 28th session of the 13th NPC Standing Committee (NPCSC) from April 26 to 29. The NPCSC will review at least fourteen bills at its upcoming four-day session. A quick rundown follows.Continue reading “NPCSC Session Watch: Rural Revitalization, Data Protection, Food Waste, Futures & More (Updated)”
Just shy of twenty days after the National People’s Congress (NPC) had authorized and outlined a drastic overhaul of Hong Kong’s electoral system, the NPC Standing Committee (NPCSC) on Tuesday, March 30 finalized details of the overhaul. The NPCSC unanimously approved revisions to Annexes I and II to the Hong Kong Basic Law, which respectively govern the selection of the Chief Executive and formation of the Legislative Council. The revisions took effect on March 31. Below we will take an in-depth look at the electoral overhaul. More detailed discussion of the previous election rules can be found in our explainer of the NPC’s March 11 decision.Continue reading “Legislation Analysis: NPC Standing Committee Approves Overhaul of Hong Kong’s Electoral System”
Editor’s Note: The NPCSC unanimously approved revisions to Annexes I and II to the Hong Kong Basic Law on March 30. Our comprehensive explanation and analysis of Hong Kong’s new election rules is available here.
The Council of Chairpersons decided on Monday, March 22 to convene the 27th session of the 13th NPC Standing Committee (NPCSC) from March 29 to 30. The NPCSC will consider two bills to revise Annexes I and II to the Hong Kong Basic Law, which govern, respectively, the selection of Hong Kong’s Chief Executive and the formation of the city’s Legislative Council. The revisions are undertaken to implement the “basic principles” and “core elements” of the NPC’s March 11 decision to overhaul Hong Kong’s electoral system. We have explained the NPC decision’s contents and implications in this post. In short, it introduces mechanisms to ensure candidates for elected offices are “patriots” and to give the pro-establishment camp a decided edge in future elections.Continue reading “NPCSC to Revise Hong Kong Basic Law Annexes, Implementing NPC’s Electoral Overhaul Decision”
The 4th Session of the 13th NPC concluded on Thursday, March 11, after having approved all reports and bills submitted to it for consideration. As usual, we provide below a list of all official documents from this Session. Unless otherwise noted, all documents are available in Chinese only.Continue reading “2021 NPC Session: Documents List”
Another year, another NPC decision on Hong Kong. On Thursday, March 11, the National People’s Congress, with 2895 votes in favor and 1 abstention, approved the Decision on Improving the Electoral System of the Hong Kong Special Administrative Region (Decision) [关于完善香港特别行政区选举制度的决定], which takes immediate effect. The Decision comes on the heels of a series of events in the past two years: mass protests against the Hong Kong government’s extradition bill (since withdrawn), opposition lawmakers’ use of filibusters to delay proceedings, and pro-democracy primaries for the now-postponed 2020 Legislative Council election. (Almost fifty activists involved in the primaries have been charged with violating the Hong Kong National Security Law.) The Decision’s explanatory document cites all those events as evidence of the “clear loopholes and deficiencies” in Hong Kong’s current electoral system—which it says have been exploited by “anti-China, destabilizing elements” to attempt to seize the “power to administer [Hong Kong].” It is therefore “important,” the explanation continues, “to take necessary steps to improve the electoral system and remove existing institutional deficiencies and risks to ensure the administration of Hong Kong by Hong Kong people with patriots as the main body.” The Decision marks the first of those steps. Below, we will first provide an overview of the Decision, before discussing in detail the changes it will make to Hong Kong’s electoral system.Continue reading “2021 NPC Session: NPC’s Hong Kong Electoral Overhaul Decision Explained”
The National People’s Congress (NPC) has released its 2021 Session’s agenda and daily schedule of meetings. The Session will open on the morning of Friday, March 5 and close on the afternoon of Thursday, March 11, lasting a total of seven days. The Session has not released a full schedule of press conferences; we will update this post when new press conferences are announced. All times below are in China Standard Time (UTC +8:00). If you are new to the NPC and its annual sessions, remember to check out this FAQ.Continue reading “2021 NPC Session: Agenda & Daily Schedule”
Editor’s Note: On Thursday, March 11, the NPC approved the two amendments discussed in this post; both have taken effect on March 12. We have updated this post consistent the amendments’ final texts, which are accessible from the respective bill pages.
The National People’s Congress (NPC) concluded its 2021 session on Thursday, March 11. It is the seventh year in a row—the second-longest streak post-1978 (after 1988–1997)—that the NPC reviews legislation at its annual plenary session. This year, besides a decision to overhaul Hong Kong’s electoral system, the NPC also reviewed and approved amendments to its own governing laws: the NPC Organic Law [全国人民代表大会组织法] and the NPC Rules of Procedure [全国人民代表大会议事规则]. The former outlines the NPC’s organizational structure and prescribes the functions of its various components, whereas the latter lays out the procedures for conducting business in the full NPC.
Before this week, neither law had ever been updated. The NPC Organic Law was enacted on December 10, 1982, the same day as China’s current Constitution, and the NPC Rules of Procedure seven years later, in April 1989. The amendments thus focus heavily on codifying the changes in the NPC’s organization and practice in the last several decades. They also seek to modernize the two laws’ structures, delete irrelevant and duplicative provisions more suitable for other laws, and ensure that they are consistent with newer statutes, including the 1994 Budget Law [预算法] (amended in 2014 and 2018), 2000 Legislation Law [立法法] (amended in 2015), 2006 Oversight Law [各级人民代表大会常务委员会监督法], and 2018 Supervision Law [监察法].
As a result, few provisions in the amendments are truly novel, even though their texts span over dozens of pages. In this explainer, we will dissect the two amendments and sort out “new” provisions—which in fact will lead to changes in practice—from those that will not. The NPC Organic Law is abbreviated as “OL” below, and the NPC Rules of Procedure as “ROP.” Citations are to the two laws as amended, not to the amendments.Continue reading “2021 NPC Session: Dissecting the Amendments to the NPC’s Two Governing Laws (Updated)”