Legislature asked to interpret Basic Law
(China Daily)
Updated: 2005-04-11 06:06

The State Council, China's cabinet, yesterday requested the National People's Congress (NPC) Standing Committee interpret Clause 2 of Article 53 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) concerning the tenure of a new HKSAR chief executive.

A spokesman of the Hong Kong and Macao Affairs Office of the State Council said the State Council yesterday submitted a motion to the NPC Standing Committee, requesting that it interpret the clause.

Hong Kong's acting Chief Executive Donald Tsang holds a copy of "Hong Kong Basic Law", the 'mini-constitution' of the special administrative region, during a Legislative Council meeting in Hong Kong April 6, 2005. Tsang said on Wednesday the Hong Kong government will ask the central authorities to interpret its constitution to settle a dispute over the term of its next leader, despite fears it will undermine the city's high degree of autonomy. [Reuters]

Acting Hong Kong Chief Executive Donald Tsang submitted a report to the State Council on April 6, proposing the State Council make a request to the NPC Standing Committee to interpret the clause, so as to clarify whether the tenure of a new HKSAR chief executive is the remaining tenure of the former HKSAR chief executive, the spokesman said.

The State Council held that nailing down the tenure of a new HKSAR chief executive was of great importance to the accurate implementation of the relevant provisions in the HKSAR Basic Law, and had a direct bearing on the smooth election of the new HKSAR chief executive as well as the central government's appointment of the new HKSAR leader, the spokesman said.

Therefore, it was absolutely necessary to request that the NPC Standing Committee interpret the relevant provisions in the HKSAR Basic Law, said the spokesman.

He said the State Council's timely study of the report submitted by the HKSAR government and its resolution to request the NPC Standing Committee to interpret the law, demonstrated the cabinet's consistent position of strictly following HKSAR Basic Law and shows that no effort is being spared to maintain Hong Kong's stability and prosperity.

The Hong Kong SAR government yesterday welcomed the State Council's decision to adopt the report and the recommendation submitted by the acting chief executive.

He stressed that the SAR government's seeking an interpretation by the NPC Standing Committee would not affect "one country, two systems," "Hong Kong people governing Hong Kong" or "a high degree of autonomy," nor would it damage the rule of law on which Hong Kong's success is based.

"The NPC Standing Committee has the power to interpret the Basic Law. This is part of Hong Kong's constitutional structure," he said. "It is lawful and constitutional to settle the issue of the term of office of the new Chief Executive by seeking the most authoritative interpretation in accordance with the Basic Law."

Hong Kong SAR Basic Law excerpts

Article 53

If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, such duties shall temporarily be assumed by the Administrative Secretary, Financial Secretary or Secretary of Justice in this order of precedence.

In the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within six months in accordance with the provisions of Article 45 of this Law. During the period of vacancy, his or her duties shall be assumed according to the provisions of the preceding paragraph.

Article 45

The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government.

The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.

The specific method for selecting the Chief Executive is prescribed in Annex I "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region."

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