Draft interpretation of HK Basic Law under heated discussion
(Xinhua)
Updated: 2004-04-03 22:00

China's top legislature, the Standing Committee of the National People's Congress (NPC), engaged in extensive and in-depth discussions on the draft interpretations on Clause 7 of Annex I a nd Clause 3 of Annex II of the Hong Kong Basic Law during panel meetings on Saturday.

Members all agreed that as Hong Kong society has different understandings of the related provisions, it is essential and verytimely to make such interpretations for the purpose of quelling disputes, reaching consensus, ensuring Hong Kong's constitutional system develops in line with the Basic Law and maintaining the long-term prosperity and stability of the region.

The national legislature's interpretation of those provisions concerning how the Chief Executive and local lawmakers were chosenis an implementation of its responsibility granted by the Constitution and the Basic Law, lawmakers said.

Some members of the Standing Committee noted that different perceptions of the Basic Law had to do with the accurate understanding of the "one country, two systems" policy and full implementation of the Basic Law. It was a matter of principle and essence, instead of a matter of sideshows or minor particulars.

Some committee members said the election of the Chief Executiveand the Legislative Council in Hong Kong are an essential part of Hong Kong's constitutional system, which had a bearing on the relationship between the central government and the HKSAR, and it is up to the NPC Standing Committee to make the interpretation.

The interpretation would help do away with doubts, quell disputes, reach common social consensus, better implement the Basic Law, ensure the sound development of Hong Kong's constitutional system and maintain the long-term prosperity and stability of Hong Kong.

Members of the NPC Standing Committee unanimously held that thelegislature has full constitutional and legal foundation to interpret the Basic Law. China's Constitution specifies that the NPC Standing Committee is entitled to interpret law, and the BasicLaw provides that the power of interpreting Hong Kong's Basic Law shall be vested in the NPC Standing Committee.

China's law on legislation also stipulates that interpretation of law should be made by the NPC Standing Committee. In face of different understandings of law, the NPC Standing Committee has the power and obligation to make concerned interpretations in a bid to ensure the correct implementation of law.

As Hong Kong society has disputes over the understanding of theconcerned stipulations in Annex I and Annex II, the Standing Committee of NPC should fulfill its duty and make the interpretation, lawmakers said.

Some members said to administer Hong Kong in accordance with law has been an important component of the national policy on ruleof law. Such interpretations to unify different understandings of the Basic Law are a crucial measure in implementation of the BasicLaw and better implementation of "one country, two systems" policy,they acknowledged.

Lawmakers unanimously agreed that the work of drafting the interpretations has been carried out in conformity with the law and in a democratic manner. Extensive, in-depth and sound researchand consultations have been made.

"Democracy was brought into full play and the law has been strictly abided by," one said.

After the draft interpretations were proposed by the meeting ofthe chairman and vice-chairpersons of the NPC Standing Committee, the HKSAR Basic Law Committee under the NPC Standing Committee wasconsulted, a meeting was also held in Shenzhen to solicit suggestions from a special constitutional development task force in the HKSAR government, NPC deputies from Hong Kong and members of the Standing Committee of the Chinese People's Political Consultative Conference, as stipulated by the Basic Law.

Lawmakers said Saturday the whole procure complied with the lawto the letter.

All members of the NPC Standing Committee spoke highly of the draft interpretations and suggested that they be put to vote when the session concludes on next Tuesday.

They said the draft interpretations, which cover the issues of common concern in Hong Kong, are to-the-point, simple yet clear, and clarify the implications of the relevant provisions.

The draft interpretations have reflected the original legislative intention of the Basic Law and the principle of "one country, two systems," as well as shown the central government's constant policies towards Hong Kong, which completely conformed tothe Basic Law, they said.

"The interpretations are fair, reasonable, in line with the lawand consistent with the pace of constitutional development in HongKong," one said, adding that "they are absolutely correct as they go back to the very original intention of the Basic Law."

The guideline that the Central Authority has a final say on where the constitutional development in Hong Kong will go has beenreflected in the draft interpretations, they noted.

Lawmakers were unanimous in the view that Hong Kong people havebeen enjoying the unprecedented democratic rights since Hong Kong returned to the motherland in 1997, which they should cherish.

The "one country, two systems" principle has been fully implemented and Hong Kong is administered by Hong Kong people themselves with a high degree of autonomy while they have participated in the work of the country's supreme power of state by electing their own deputies to the NPC, lawmakers added.

They went on to say that the NPC Standing Committee's interpretations on the relevant Basic Law provisions are followingthe principles set forth by the Basic Law to develop democracy in Hong Kong in a down-to-earth and step-by-step manner featuring balanced participation of people from all walks of society, and will further safeguard the democratic rights of Hong Kong people.

Hong Kong people should seize the opportunity to further increase and improve public awareness of the Basic Law by taking advantage of the formulation of these interpretations so as to better safeguard the authority of the Basic Law, they said.

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