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Top legislature examines motion on HK chief
Latest Updated by 2005-04-25 08:45:45

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Legislators starts a session of the Standing Committee of the National People's Congress in Beijing April 24, 2005. They will deliberate a motion on Hong Kong chief executive's tenure and other legislative issues. [Xinhua]

China's top legislature, the Standing Committee of the National People's Congress (NPC), on Sunday started to examine a draft interpretation of Hong Kong's mini-constitution regarding the tenure of the region's chief executive. 

Li Fei, deputy director of the Legislative Affairs Commission of the NPC Standing Committee on Sunday made an interpretation explanation of Clause 2, Article 53 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) to the lawmakers at the 15th session of the 10th NPC Standing Committee, which will last from April 24 to 27.

According to the Article 45, Clause 2 of Article 53 and the Annex I of the Basic Law of Hong Kong SAR, in the event that the office of a Chief Executive becomes vacant before the Chief Executive's five-year tenure is expired, the tenure of the new Chief Executive elected by the Election Committee, whose term is also five years, shall be the remaining tenure of the former Chief Executive, Li announced in his interpretation explanations.

Li said acting Chief Executive and Administrative Secretary 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.

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 new HKSAR leader.

The State Council, China's cabinet, on April 10 submitted a motion to the Standing Committee of the National People's Congress, China's legislature, asking to interpret the Clause 2 of Article 53 of the Basic Law of the Hong Kong Special Administrative Region(HKSAR).

The meeting of Chairman and Vice-chairpersons of the 10th NPC Standing Committee held that in a bid to guarantee the accurate implementation of the HKSAR Basic Law, it is necessary and appropriate for the NPC Standing Committee to make interpretation on the relevant provisions of the HKSAR Basic Law according to the spirit of the Constitution and the HKSAR Basic Law.

The NPC Standing Committee sought 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 NPC Standing Committee also solicit views from NPC deputies in Hong Kong, 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 on the issues related to the draft interpretation of the Clause 2, Article 53 of the HKSAR Basic Law.

Li said in his interpretation explanation that in accordance with the HKSAR Basic Law, in the first ten years of the HKSAR's establishment, there would be only two HK Chief Executives elected, each with a tenure of five years.

In accordance with the Clause 7, Annex I of the HKSAR Basic Law, as well as relevant regulations made by the NPC Standing Committee in April 26, 2004, if there is a need to amend the method for selecting the Chief Executives for the terms subsequent to the year 2007, and if the method for the selection of HKSAR Chief Executive in the Annex I of HKSAR Basic Law is amended after 2007,the new Chief Executive will be elected according to the then Chief Executive selection method in the event that the office of the Chief Executive becomes vacant.

Li said the HKSAR government is currently soliciting opinions from the general public on the method for selecting the Chief Executives for the terms subsequent to the year 2007.

The Central Government sincerely hopes that the amendment of the selection method of the Chief Executives whose terms subsequent to the year 2007 could reflect Hong Kong's democratic progress and the consensus reached by all circles of the Hong Kong society, Li said.

To nail down that the tenure of the next HKSAR Chief Executive is the remaining tenure of the former HKSAR Chief Executive will help Hong Kong develop democracy in accordance with the HKSAR Basic Law after 2007 and therefore gradually create conditions to near the ultimate goal of general election, Li said.

He said the interpretation is entirely in accordance the HKSAR Basic Law and is fully in line with the interests of all circles of the Hong Kong society.

Editor: Yan

 
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