Hong Kong Development Forum Limited held in Hong Kong Wednesday a public forum for debates on the term of the new Chief Executive (CE) of Hong Kong Special Administrative Region who is to be selected through by-election and to be appointed by the central government.

Most of the speakers at the forum believed that the term of the new CE through by-election should be two years, according to their understanding of the Basic Law and the national Constitution.

Zhu Guobin, associate professor at City University of Hong Kong said, according to the design of National People's Congress system, an official of one term of a government could resign or be dismissed, however, this will not affect his or her successor to complete the current term of office.

Zhu said the practice of the Constitution thus decided the Chinese mainland's legal system, from which people can understand the original meaning for enacting the related articles of the Basic Law.

He said the Basic Law stipulates that "in the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within six months..." while in the draft law for soliciting opinions in 1988, the term is "new term of Chief Executive".

He said, thus since the legal term is the "new Chief Executive" instead of "the new-term of Chief Executive", the term of the new Chief Executive should be the rest period of the terms of office of the previous Chief Executive.

Alan Hoo, senior Counsel, said at the forum that after Hong Kong returned to the motherland in 1997, the legal workers have been facing new challenges -- They have to be familiar with the Basic Law and the Chinese mainland legal system which is different from that in Hong Kong.

On the term of the new Chief Executive, he said, the original meaning for enacting the related articles of the Basic Law and the Constitution, as well as the address made by the spokesman of the NPC Standing Committee on March 12 must be taken into consideration.

He said there is no specific dispute on the term of the new Chief Executive among ordinary residents. As for the dispute legally, only the NPC Standing Committee has the interpretation right.

Shiu Sin Por, executive director of "One Country Two Systems" Institute, said the disputes over the terms of the new Chief Executive could only be solved by the interpretation of the NPC Standing Committee, as the issue concerns with the affairs administrated by the central authorities and relations between the central authorities and HKSAR.

He believed that some Hong Kong people have misunderstanding about the right stipulated by the Basic Law and entrusted by the Constitution.

The NPC Standing Committee's interpretation of the Basic Law should have its deserved status in the implementation of "one country, two systems" and rule of law. More than 100 people from various walks life attended Wednesday's forum. 

Editor: Olivia