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.
On December 15, 2005, a loaded truck rolled over on a mountain road in Chongqing, crushing a trishaw carrying He Yuan and her two friends to school. All three perished in the accident. What thrust this tragedy into the national spotlight, however, was the drastically different amounts of compensation their families received. The trucker’s employer settled with the families of Yuan’s friends for over 200,000 RMB each, but was willing to pay hers only 80,000 RMB—because she, unlike her classmates, had a rural hukou (or household registration). The company cited a 2003 Supreme People’s Court (SPC) interpretation on the application of law in personal injury cases (2003 Interpretation), which created two separate standards for compensating the deaths of urban and rural residents.
As a result of this effectively hukou-based rule, countless victims’ families have found themselves in the same position as Yuan’s. The Chinese public has dubbed this phenomenon “same life, different values” [同命不同价] and has persistently criticized the 2003 Interpretation. Some citizens have requested that the NPC Standing Committee (NPCSC) conduct a constitutional review of the Interpretation.
It was not until 2020 that the NPCSC’s Legislative Affairs Commission publicly addressed these requests in its annual report on “recording and review” (R&R) [备案审查]. This report’s timing and content are significant. Below, we will first take a closer look at the 2003 Interpretation and the controversy surrounding hukou-based compensation standards, before returning to the Commission’s report.
On April 1, the NPC Standing Committee’s Legislative Affairs Commission (Commission) made public six of its “responses to legal inquiries” [法律询问答复] from 2020. It last released a batch of such responses from 2018 and 2019 in September 2020, after a thirteen-year hiatus. As we wrote then, these responses to legal inquiries can be considered a form of “soft law”: they answer other governmental bodies’ requests to clarify the applicable law in real-world scenarios and can function like the NPC Standing Committee’s legislative interpretations. The inquiring governmental bodies tend to follow the responses, but they do not bind anyone else. Still, they are considered highly persuasive because of the Commission’s pivotal role in lawmaking. The responses released on Thursday touched on a few different subjects: postponing local legislative sessions due to Covid-19, governance of for-profit private schools, ethnic autonomous regions’ legislative authority, terms of supervision commissions, and rescheduling elections for local people’s congresses. We will summarize and explain these Q&As below.
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.
The 13th NPC Standing Committee (NPCSC) is expected to convene for its 28th session in late April. The Council of Chairpersons is expected to meet in mid-April to decide on the agenda and dates of the session. The session will likely consider a draft resolution on carrying out the 8th five-year popularization of basic legal knowledge. The session may also review one or more of the following bills:
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.
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.
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.
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.
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.