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Submission of Report to the State Council concerning a request to the Standing Committee of the National People's Congress regarding the interpretation of the

Basic Law provisions on the term of office of a new Chief Executive

Background

As the office of the Chief Executive of the Hong Kong Special Administrative Region (SAR) has become vacant, the SAR Government is required to elect a new Chief Executive on July 10 in accordance with the Basic Law and local legislation.  This is also in line with public expectations.

The SAR Government has introduced a Bill to amend the Chief Executive Election Ordinance to state clearly that the term of office of a new Chief Executive shall be the remainder of the term of the preceding Chief Executive.

If the SAR failed to elect a new Chief Executive in time, it could adversely affect the governance of Hong Kong, the operation of the financial market as well as investors' confidence.  This would not be conducive to Hong Kong's prosperity and stability, and might even precipitate a constitutional crisis.

Issues

As there is controversy surrounding the term of office of the new Chief Executive, the Government must solve two major issues in order to elect the new Chief Executive in time on July 10:

„« On the legislative front, some Legislative Council Members consider that the Bill is inconsistent with the Basic Law.  This means that the Bill may not be passed in time.

„« On the judicial front, the judicial review process will be relatively lengthy and involve a range of uncertainties.  This means that there is no guarantee the election can be held as scheduled.

Therefore, it is necessary to have the most authoritative interpretation of the relevant Basic Law provisions in order to provide a solid legal basis for our proposed legislative amendments, as well as the election and appointment of the new Chief Executive.

Why not amend the Basic Law?

The legislative intent of the Basic Law is clear.  The present dispute arises from a different understanding of the Basic Law.  The legislative intent could be made clear through legal interpretation and there is no need to amend the Basic Law.  In any case, it cannot be done in time as the next National People's Congress meeting will be in 2006.

Conclusion

The SAR Government considers that the only feasible solution to these issues is to seek an interpretation of the relevant Basic Law provisions by the Standing Committee of the National People's Congress.  This will ensure that the new Chief Executive will be elected in time on July 10.

Constitutionally, the Standing Committee of the National People's Congress has the authority to interpret the Basic Law.  Therefore, an interpretation is fully legal and constitutional.  It will not in any way affect "One Country, Two Systems", "Hong Kong people ruling Hong Kong" and a high degree of autonomy.  Nor will it undermine the rule of law in Hong Kong.

Ends/Wednesday, April 6, 2005

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