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The Standing Committee of the National People's Congress (NPC), China's top legislature, on Wednesday adopted the interpretation on Paragraph 2, Article 53 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR), which says the term of office of the next HKSAR Chief Executive shall be the remaining part left by Tung Chee Hwa, former HKSAR Chief Executive.

The selection for the next HKSAR Chief Executive will be held on July 10 according to the Basic Law.

During the four-day-long legislative session which ended on Wednesday, lawmakers deliberated the proposal the State Council, China's cabinet, submitted on April 10, requesting the NPC Standing Committee to interpret Paragraph 2, Article 53 of the Basic Law, and examined the draft interpretation of the Paragraph 2, Article 53 of the Basic Law.

Citing Article 53, Article 45, and Annex I of the Basic Law, the interpretation states that when the office of the Chief Executive becomes vacant before the five-year term expires, the new Chief Executive to be selected by the Election Committee that selected Tung as the second HKSAR Chief Executive in 2002, can only serve the remainder of the term of office of the previous Chief Executive before 2007.

Paragraph 2, Article 53 of the Basic Law stipulates, "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." The phrase "a new Chief Executive shall be selected ... in accordance with the provisions of Article 45 of this Law" implies that both the method of selecting and the term of office of the new Chief Executive shall be as prescribed and determined by the said Article.

Paragraph 3, Article 45 of the Basic Law stipulates, "The specific method for selecting the Chief Executive is prescribed in A nnex I 'Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region.'"

Clause 1 of Annex I stipulates, "The Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government."

Clause 2 of Annex I stipulates, "The term of office of the Election Committee shall be five years."

Clause 7 of Annex I stipulates, "If there is a need to amend the method for selecting the Chief Executives for the terms subsequent to the year 2007, such amendments must be made with the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for approval."

Li Fei, deputy director of the Legislative Affairs Committee of the NPC Standing Committee, made explanations on the draft interpretation during the legislative session, saying that setting up an Election Committee with a five-year term, whose statutory responsibility and task is none other than electing the Chief Executive, and one of its important aims is to facilitate the selecting of a new Chief Executive in time when that office becomes vacant during those five years.

Meanwhile, the five-year term of the Election Committee indicates that its mandate is to elect a Chief Executive for a five-year term, but not exceeding that term. This is a unique institutional arrangement under the Basic Law, Li said in his explanations.

In accordance with Annex I of the Basic Law, the NPC Standing Committee adopted in April 2004 the Decision on Questions Related to the Method for Selecting HKSAR Chief Executive in 2007 and That for Forming Legislative Council in 2008.

It reads, "To the election of the third Chief Executive of the HKSAR in 2007, the method of universal suffrage shall not be applied." On that premise, "specific methods for selecting the third Chief Executive of the HKSAR in 2007" could "be appropriately modified consistent with the principle of gradual and orderly progress."

These provisions indicate that the third Chief Executive will be elected in 2007 by the selecting method prevailing at the time, and the new Chief Executive selected to fill the vacancy left by the second Chief Executive shall only serve out the remainder of the term of office of the previous Chief Executive, rather than serving a full five-year term, Li said in his explanations.

Wu Bangguo, chairman of the NPC Standing Committee, delivered a speech when the 15th session of the NPC Standing Committee concluded on Wednesday afternoon. Wu said the HKSAR Basic Law was a national law enacted by the National People's Congress.

To interpret the HKSAR Basic Law was an important power and mission conferred on the NPC Standing Committee by the Chinese Constitution and the HKSAR Basic Law, said Wu.

On April 6, Donald Tsang, acting Chief Executive of the HKSAR, submitted a report to the State Council proposing the latter to make a request to the NPC Standing Committee to interpret Paragraph 2, Article 53 of the Basic Law, so as to clarify the exact tenure of the next HKSAR chief executive.

The State Council on April 10 decided to make a request to the NPC Standing Committee to interpret the Basic Law concerning the tenure of the next HKSAR chief executive.

The NPC Standing Committee's chairman and vice-chairpersons held a meeting last week to carefully discuss the request from the State Council, and proposed an interpretation be made on Paragraph2, Article 53 of the HKSAR Basic Law at the 15th session of the NPC Standing Committee.

"Nailing down the tenure of the next HKSAR Chief Executive through the law interpretation by the NPC Standing Committee is ofgreat significance to the smooth implementation of the HKSAR BasicLaw and the successful election of the next HKSAR Chief Executive," said Wu in his Wednesday speech, adding that "the interpretationis absolutely necessary and also timely."

He said the interpretation by the NPC Standing Committee was drafted on the basis of soliciting opinions from all circles of the Hong Kong society, and strictly in accordance with the legal procedures.

He stressed that the interpretation has the same legal force asthe HKSAR Basic Law, and therefore "must be strictly followed and implemented by all parties concerned."

"In order to ensure the long-term prosperity and stability of Hong Kong, the principle of 'one country, two systems' and the HKSAR Basic Law should be unswervingly adhered to and earnestly implemented," said the top legislator.

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 as chief executive of the HKSAR for healthreasons.

A plenary meeting of the State Council on March 12 approved Tung's resignation, and appointed Administrative Secretary Donald Tsang as the Acting Chief Executive.

Editor: Yan