The Government announced today (April 14) the Chief Executive (CE)'s appointment of members of the Candidate Eligibility Review Committee (CERC) commencing on April 14, 2022.
The position of the Chairperson of the CERC became vacant on April 7, 2022, with the State Council's decision to remove Mr John Lee from the post of Chief Secretary for Administration. Meanwhile, the State Council decided on February 24, 2022, to remove Mr Caspar Tsui Ying-wai from the post of Secretary for Home Affairs (SHA). Given that Mr Tsui was appointed as an official member of the CERC on an ad personam basis, and his appointment had been reported to the Central People's Government for record, it is not permissible for the Acting SHA to stand-in to attend CERC meetings. As such, the CERC only comprises two official members now.
Pursuant to section 9A(2) of the Chief Executive Election Ordinance (Cap. 569) (the Ordinance), the CERC is to consist of (a) the chairperson; (b) at least 2 but not more than 4 official members; and (c) at least 1 but not more than 3 non-official members. Section 9A(4) of the Ordinance further provides that only a Principal Official appointed pursuant to a nomination under Article 48(5) of the Basic Law is eligible for appointment as the chairperson or an official member.
To fill the vacancies arising from the above and ensure that the CERC could continue to perform its statutory functions in accordance with the law, the CE has, pursuant to section 9A of the Ordinance, appointed the Financial Secretary, Mr Paul Chan Mo-po, as the Chairperson, and the Secretary for Education, Mr Kevin Yeung Yun-hung, as an official member of the CERC.
The appointment notice has been published in the gazette today and reported to the Central People's Government for the record. The membership list of the CERC commencing April 14, 2022, is as follows:
Chairperson
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The Financial Secretary, Mr Paul Chan Mo-po
Official members
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Secretary for Education, Mr Kevin Yeung Yun-hung
Secretary for Constitutional and Mainland Affairs, Mr Erick Tsang Kwok-wai
Secretary for Security, Mr Tang Ping-keung
Non-official members
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Miss Elsie Leung Oi-sie
Mrs Rita Fan Hsu Lai-tai
Professor Lawrence Lau Juen-yee
In accordance with Annex I and Annex II to the Basic Law, the CERC is responsible for assessing and validating the eligibility of candidates in the Election Committee, CE and Legislative Council elections. Pursuant to the assessment made by the National Security Department of the Police of the Hong Kong Special Administrative Region (HKSAR) Government, the Committee for Safeguarding National Security of HKSAR will decide whether a candidate complies with the legal requirements and conditions for upholding the Basic Law and bearing allegiance to the HKSAR of the People's Republic of China, and issue an opinion to the CERC for those who do not comply with the legal requirements and conditions.
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