Pursuant to the Decision by the National People's Congress adopted on 11 March 2021:
- A candidate eligibility review committee of the HKSAR shall be established. The committee shall be responsible for assessing and validating the eligibility of candidates for the Election Committee Members, the Chief Executive, and the LegCo Members.
- The HKSAR shall improve the system and mechanisms related to qualification review, to ensure that the qualifications of candidates are in conformity with the Basic Law, the Law on Safeguarding National Security in the HKSAR, the NPC Standing Committee's interpretation of Article 104 of the Basic Law, the NPC Standing Committee's decision on the qualification of HKSAR LegCo Members, and provisions of relevant local laws of the HKSAR.
Pursuant to the Annex I and Annex II to Basic Law amended by NPC Standing Committee on 30 March 2021:
- The HKSAR establishes the Candidate Eligibility Review Committee which is responsible for assessing and validating the eligibility of candidates in the Election Committee, Chief Executive and LegCo elections.
- Pursuant to the assessment made by the National Security Department of the Police of the HKSAR Government, the Committee for Safeguarding National Security of HKSAR (Committee on National Security) 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 Candidate Eligibility Review Committee for those who do not comply with the legal requirements and conditions.
- The Candidate Eligibility Review Committee's decision made pursuant to the Committee on National Security's review advice is not subject to any judicial proceedings.
Composition of the Candidate Eligibility Review Committee
- The chairperson and members of the Candidate Eligibility Review Committee (CERC) are to be appointed by the Chief Executive by notice published in the Gazette.
- The CERC is to consist of the following members:
- the chairperson
- at least 2 but not more than 4 official members
- at least 1 but not more than 3 non-official members.
- 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; while only a person who is not a public officer is eligible for appointment as a non-official member.