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Legislature to discuss Basic Law interpretation
Latest Updated by 2005-04-19 16:51:33

>>>Click into related Special: HKCE  By-election

The Standing Committee of the National People's Congress (NPC) announced Monday that it would examine next week a draft interpretation of Hong Kong's mini-constitution regarding the tenure of the region's chief executive.

The draft interpretation of Clause 2, Article 53 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) would be deliberated at the 15th session of the 10th NPC Standing Committee scheduled to convene from April 24 to 27 in Beijing.

The information was released from the 31st chairman and vice-chairpersons meeting of the 10th NPC Standing Committee.

During the upcoming session, lawmakers will deliberate the motion, submitted by the State Council, China's cabinet, on April 10, which requested the NPC Standing Committee to interpret the Clause 2 of Article 53, and the draft interpretation of the Clause2 of Article 53 of the HKSAR Basic Law, which was proposed by the Monday's chairman and vice-chairpersons' meeting.

The Clause 2 of Article 53 stipulated that, 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.

Tung Chee Hwa, 67, announced in Hong Kong on March 10 that he had officially submitted to the Chinese central government his request for resignation from the post as chief executive of the HKSAR for health reasons.

A plenary meeting of China's State Council on March 12 approved Tung's resignation as the HKSAR chief executive. Acting Chief Executive and Administrative Secretary Donald Tsang immediately began to assume the duties of the Chief Executive of HKSAR.

Tsang on March 12 said in a press conference that the selection for the new Chief Executive will be held on July 10 according to law. He said, "Our position is that the term of office of the new Chief Executive shall be the remainder of the term of the preceding Chief Executive."

Donald Tsang submitted a report to the State Council on April 6,proposing the State Council to make a request to the NPC Standing Committee to interpret the Clause 2 of Article 53, so as to clarify the fact that the tenure of the next HKSAR chief executive is the remaining tenure of the former HKSAR chief executive.

The State Council held that nailing down the tenure of the next HKSAR chief executive attached 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 next HKSAR chief executive as well as the central government's appointment to the next HKSAR leader.

The State Council, China's cabinet, on April 10 decided to makea request to the Standing Committee of the National People's Congress (NPC), China's legislature, to interpret the Clause 2 of Article 53 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) concerning the tenure of the next HKSAR chief executive.

On the Monday's meeting, Li Fei, deputy director of the Legislative Affairs Commission of the NPC Standing Committee made a report on issues concerning the draft interpretation of the Clause 2, Article 53 of the HKSAR Basic Law to the chairman and vice-chairpersons of the NPC Standing Committee.

Monday's chairman and vice-chairpersons' meeting decided to seek opinions from the Basic Law Committee of Hong Kong SAR under the NPC Standing Committee on the issues concerning the draft interpretation of the provision in the HKSAR Basic Law, regarding the tenure of the HKSAR chief executive.

The meeting also entrusted Qiao Xiaoyang, deputy secretary-general of the NPC Standing Committee, and Lei Fei, deputy director of the Legislative Affairs Commission of the NPC Standing Committee, to solicit views from NPC deputies in Hong Kong SAR, members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) in Hong Kong and representatives from all circles of Hong Kong society on the issues related to the draft interpretation of the Clause 2, Article 53 of the HKSAR Basic Law.

The Monday's meeting also nailed down other agendas of the imminent session, including the second deliberation of the draft law on civil servant and the first deliberation of the draft amendment of the securities law.

During the imminent session, lawmakers will also hear and deliberate China's admission to the Convention on the Prohibition of the Military or Any Other Hostile Use of Environmental Modification Techniques, and will approve the Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption.

Moreover, lawmakers will hear the report made by the State Council on the reform of the State-owned enterprises and the report on the law enforcement of the statistics law.

Editor: Olivia

By: Source:China View website
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