Статья 69 Основного закона Гонконга: Сроки полномочий Законодательного совета

Article 69 of Hong Kong Basic Law is an article in the Basic Law of Hong Kong. The article sets the term of the Legislative Council of Hong Kong (LegCo).

The Article sets forth intervals of LegCo elections in the Hong Kong Special Administration Region (HKSAR); the first and second LegCo elections were held on a two year interval. Subsequent elections were to be held on a four year interval. The drafting intention of the four year term of office of the Legislative Council was that it must be different from the term of the Chief Executive, so that there would not be excessive campaigning within the same year. In accordance with Article 69, the First Legislative Council of the HKSAR was in office for two years and three months (from 1 July 1998 to 30 September 2000). Subsequent Councils, with the exception of the Sixth Legislative Council of the HKSAR, have served terms numbering precisely four years. All LegCo members, returned from geographical and functional constituencies or the Election Committee, hold the same terms. The beginning and end of ordinary sessions of LegCo each year is published by the Chief Executive in the Hong Kong Government Gazette. From 1999 through 2020, each ordinary session starts in October and ends in July.

Notwithstanding Article 69 of the Basic Law, the Chief Executive can request the President of LegCo to convene an emergency session of LegCo after the end of a LegCo term under section 11 of the Legislative Council Ordinance (Cap. 542).

The Hong Kong Royal Instructions and Standing Orders of LegCo were nullified after the transfer of sovereignty in 1997. The power to convene emergency sessions under the Royal Instructions was retained in the new Legislative Council Ordinance (Cap. 542) enacted by the Provisional Legislative Council. Before its second reading, a Committee stage amendment was put forth to the Legislative Council bill which empowered the Chief Executive to request the President of LegCo to convene emergency sessions after the end of a LegCo term. Emergency sessions of LegCo were considered constitutional despite the lack of corresponding Basic Law provisions. The LegCo Committee on Rules of Procedure considered that the power to convene emergency sessions was solely for the purpose to convene LegCo meetings after the Council is dissolved but before the general election takes place. Section 11 of the Legislative Council Ordinance (Cap. 542) is not intended to extend the term of office of LegCo members.

On 11 August 2020, the Standing Committee of the National People’s Congress (NPCSC) passed a decision on extending the term of the Sixth Legislative Council of the HKSAR for one year in order to fill the lacuna in LegCo after the Chief Executive in council invoked its power in the Emergency Regulations Ordinance and postponed the 2020 Hong Kong legislative election for one year. The NPCSC decision stipulated that subsequent terms of offices of LegCo remain to be four years.