Law interpretation the only solution
By Eddie Luk (HK Edition)
Updated: 2005-04-13 06:37

SHENZHEN: An interpretation of the Basic Law in relation to the term of Hong Kong's next chief executive (CE) is the only way to secure a smooth CE by-election on July 10.

Deputy Secretary-General of the National People's Congress Standing Committee (NPCSC) Qiao Xiaoyang made the remark yesterday.

The top legislature official was speaking after an 80-strong legal delegation from Hong Kong met with him and other mainland officials over the term of the new CE.

The State Council on Sunday requested the NPCSC to interpret the Basic Law provisions on the next CE's tenure and specify that the by-elected CE shall serve out the remainder of his predecessor's term, instead of the full five years.

The State Council took the step after it thoroughly studied a report filed by acting CE Donald Tsang on April 6 asking for a legal interpretation.

The SAR government insists Tung Chee-hwa's successor, to be picked in the July bypoll, should finish the two years of his term.

But "pro-democracy" lawmakers argue the Basic Law clearly says the new leader should get a fresh five-year term.

"I strongly feel that seeking an interpretation of the Basic Law is the sole solution to guaranteeing that the next CE can be returned as scheduled," Qiao said.

He said the Basic Law has become part of the rule of law in Hong Kong. If people respect the rule of law, they should also value the power, as stipulated in the Basic Law, for the NPCSC to interpret the mini constitution, Qiao said.

"The NPCSC has to accord with a set of stipulated procedures to render an interpretation of the Basic Law, and it has to regulate itself," he said.

Qiao said the work of drafting the Basic Law was unprecedented and therefore it was impossible to make specific provisions in the mini constitution for all eventualities.

At yesterday's meeting, Qiao, along with Li Fei, vice-chairman of the Legislative Affairs Commission of the NPC, and Zhang Xiaoming, deputy director of the State Council's Hong Kong and Macao Office, engaged in intensive dialogue with Hong Kong legal professionals on the controversy.

The SAR team members included the Basic Law drafters, representatives of the Hong Kong Bar Association and Law Society, as well as four barristers of the Article 45 Concern Group.

Qiao rejected critics' accusation that staging the meeting was to pacify opponents.

"We will be sincere and honest and won't hold back our heartfelt desire to exchange views," Qiao said.

"We have no intention to appease, put on a show or window dress."

Qiao pledged that he will reflect all the collected views from the SAR's legal sector to the NPCSC, which is scheduled to meet later this month.

After the meeting, Basic Law drafter Maria Tam said it was good news that leading central government officials engaged in exchanges with local legal professionals as it helped dispel worries over the NPCSC interpretation.

Hong Kong Bar Association Vice-Chairman Rimsky Yuen said local barristers had exchanged ideas with central government officials in a constructive way at the meeting.

Executive Councillor Andrew Liao said there is an urgency for the NPCSC to interpret the Basic Law to ensure the next CE can be returned smoothly in the by-election.

But Alan Leong of the Article 45 Concern Group said Qiao's argument is not convincing enough to prove that the next CE should serve the remainder of his predecessor's term.

(HK Edition 04/13/2005 page2)

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