Lawyer Claims Zhang Dejiang's Election was Unconstitutional, Weibos and Search Engines Censor "Unconstitutional"
On March 18, 2013, Hangzhou-based lawyer Wang Cheng (王成) sent a letter to China's Supreme People's Court alleging that Zhang Dejiang's (张德江) election to the National People’s Congress was unconstitutional on the grounds that it violated Articles 65 and 103, which read:
Article 65 The Standing Committee of the National People’s Congress is composed of the following:
the Secretary-General; and
Minority nationalities are entitled to appropriate representation on the Standing Committee of the National People’s Congress.
The National People’s Congress elects, and has the power to recall, members of its Standing Committee.
No one on the Standing Committee of the National People’s Congress shall hold office in any of the administrative, judicial or procuratorial organs of the State.
Article 103 The standing committee of a local people’s congress at or above the county level is composed of a chairman, vice-chairmen and members, and is responsible and reports on its work to the people’s congress at the corresponding level.
A local people’s congress at or above the county level elects, and has the power to recall, members of its standing committee.
No one on the standing committee of a local people’s congress at or above the county level shall hold office in State administrative, judicial and procuratorial organs.
第六十五条 全国人民代表大会常务委员会由下列人员组成：According to the Hong Kong-based South China Morning Post:
The article stipulates that no one on the Standing Committee of the National People’s Congress shall hold office in any of the administrative, judicial or procuratorial organs of the state.
“But when Zhang was elected as the chairman of the NPC Standing Committee on March 14, he was still serving the post of China’s vice-premier,” Wang said.
Zhang formally stepped down from his government post two days later when the new line-up of vice-premiers was announced.Wang also alleged the elections of five vice-chairmen of the NPC Standing Committee were invalid under the same reasoning: former president of the Supreme People’s Court Wang Shengjun; former head of the National Development and Reform Commission Zhang Ping; former health minister Chen Zhu; former vice-president of the Supreme People’s Court Wan Xiang; and former director of the State Council Information Office Wang Chen.
Four of those officials resigned from their former posts within a few days after their election, with the exception of Wang Chen, who is still holding his State Council post.This screenshot, taken on March 25, 2013, shows that a search for "unconstitutional" (违宪) on Sina Weibo returns no results, just a censorship notice.