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The interpretation of Clause 2, Article 53 of the Basic Law has drawn warm applause from various circles in Hong Kong.
"Empowered by the Constitution and the Basic Law, the NPC Standing Committee has made the most authoritative and legally binding interpretation concerning the term of office of the new CE," a spokesman for the Hong Kong Special Administrative Region said in a statement.
The rendering has eliminated a possible constitutional crisis, said James Sung, a political scientist and principal lecturer at the City University of Hong Kong.
"The interpretation will remove political obstacles and uncertainties hindering a smooth by-election, which in turn will foster Hong Kong's political stability and solidarity," he said.
Tam Yiu-chung, vice-chairman of the Democratic Alliance for the Betterment and Progress of Hong Kong, said: "We strongly hope the interpretation will end the political wrangling or legal row over the tenure of the next Hong Kong leader so that we can focus on vetting amendments to the CE Election Ordinance."
Lydia Gan, a local businesswoman, told China Daily: "It's logical for the central and SAR governments to reach a consensus on important issues such as the new chief executive's tenure. A balance between autonomy and sovereignty is necessary for a better future."
Timothy Wong, a political scientist at the Chinese University of Hong Kong, noted that "it leaves room for Hong Kong to resolve the problems should similar scenarios on vacancies arise, based on its formulated election methods through the 2007 constitutional review."
Beijing has also adopted a flexible tactic by engaging in more communication and candid exchanges with all circles in Hong Kong, he said.
SAR gov't hails ruling, urging quick pass of bill
The government yesterday called on legislators to pass without delay the amendment bill on the term of the SAR's new chief executive (CE) after the National People's Congress Standing Committee (NPCSC) ruled the new CE should only serve up to June 30, 2007.
Welcoming the outcome, a government spokesman said the interpretation provided a firm basis for the bill, and passage of it would facilitate the CE by-election planned for July 10.
The spokesman said: "The interpretation by the NPCSC has provided a firm constitutional basis for the amendment bill concerning the term of office of the new CE. We hope that the Legislative Council (LegCo) will pass the bill soon to complement the election on July 10."
He said the government sincerely hoped that LegCo members, different political parties and organizations as well as different social sectors, could work together in a harmonious spirit to advance Hong Kong's prosperity and stability.
Chairman Tam Yiu-chung of LegCo's bill committee, which was set up to scrutinize amendments to the Chief Executive Election Ordinance (CEEO), said he would strive to move the bill to a second reading on 25 May to pave the way for the legislative process to finish soon enough.
The committee has heard that the election timetable is tight. While the law requires the by-election to be held on July 10, it also requires no less than 14 days for nomination and no less than 21 days for canvassing. This leaves no more than a month for lawmakers to complete the task if the by-election is to be held as scheduled.
A few hours earlier, at the start of a LegCo debate on the 2005-06 fiscal budget, acting CE Donald Tsang said interpretation of the Basic Law was requested to make sure the SAR's effective governance could continue without disruption.
Tsang said the government operation had remained effective and normal in spite of questions over its leadership over the past month.
"During the period, principal officials have abided by their duties and the Executive Council functioned as normal. The government, as a result, has performed according to the original timetable, rolling out policies and submitting legislative and fiscal proposals to LegCo," Tsang said.
Noting calls for the government not to restrain itself to the mere role of a "caretaker", he said the authorities had managed to uphold and safeguard law and order, social stability, market operations and investors' interests. Furthermore, he added, the government would not avoid sensitive issues.
While the question over the term of the new CE was highly controversial, Tsang said it was also a case of urgency since the CE by-election must be held on July 10 without delay. "Therefore, we decided to forward a report to the State Council to request the NPCSC to interpret the Basic Law regarding the question of tenure," he explained.
He said the government had proactively explained the case to society to secure their understanding that the interpretation was needed for ensuring continuation of government operation.
Secretary for Constitutional Affairs Stephen Lam said the NPCSC interpretation would lay a clear legal basis for the smooth election of a new CE. Lam said that since the term of the new CE would expire on June 30 2007, it would allow the government to move ahead with the ongoing constitutional reform as planned for the election of the next CE in 2007 and the LegCo in 2008.
"We will move forward with our constitutional development review and associated works after the July by-election," he said.
He said the government's objective had not changed and would strive to forge consensus inside and outside LegCo on ways to further liberalize the 2007 and 2008 elections to enable greater public participation to make both more representative and geared to public aspirations.
Noting the consultation period for Report No 4 on constitutional development has been extended to the end of May, Lam said they would publish Report No 5 after consulting the new CE following his election in July. The fifth report will elaborate on the mainstream model of political reforms with a view to garnering public support. He said that the authorities would start dealing with issues related to amending Annex I and II of the Basic Law in the second half of this year, to be followed by legislative steps to amend the CEEO in the first half of 2006 and formation of a new Election Committee in the second half of the same year.
Politicians, businessmen hail landmark NPCSC rendering
Hong Kong's political figures hailed the interpretation of Article 53 of the Basic Law by the National People's Congress Standing Committee (NPCSC) yesterday and said it would pave the way for a smooth by-election on July 10 to choose the next chief executive (CE).
The business sector, too, welcomed NPCSC's rendering and declared that it would in no way harm the SAR's business environment or investor confidence.
The interpretation has ended all doubts over the bypoll, said Executive Councillor and NPC deputy Cheng Yiu-tong.
"I welcome the interpretation because it's good for Hong Kong, and the by-election can be held on July 10 as planned."
Its delay or cancellation would have triggered a constitutional crisis because the tenure of the Election Committee that would select the CE expires on July 13, he said.
The 154 unanimous aye votes for the next CE to serve the rest of his predecessor's term shows how much NPCSC members value the importance of the interpretation, Cheng said.
A delegate of the Chinese People's Political Consultative Conference, Kennedy Wong, said the interpretation was part of the new constitutional framework.
It will reinforce the rule of law in Hong Kong, instead of undermining it as some people would have us believe, the founding member of Hong Kong Legal Forum said.
"The fact that NPCSC made the decision within the given scope...is a reflection of the rule of law," Wong said.
"And since the interpretation is binding on all Hong Kong courts, the judge who hears the judicial reviews must rule in accordance with this authoritative interpretation."
NPC deputy Ng Leung-sing termed the interpretation a timely one that clarified doubts and paved the way for a smooth bypoll.
The SAR government was absolutely right to request the State Council to ask NPCSC for the interpretation.
"Had we sufficient time (for the bypoll), it would've been alright for the Court of Final Appeal to take the matter to NPCSC in accordance with Article 158," Ng said.
"But owing to the time constraint, the SAR government had to ensure the by-election was held on July 10 and could not afford to take any risk."
The business community corroborated the political leaders' views, with Hong Kong General Chamber of Commerce Chief Executive Officer Eden Woon saying: "It will be jumping a bit too far to say the interpretation harms the rule of law in Hong Kong."
"It has nothing to do with the confidence of investors. From what I learn from local and foreign businessmen, they are cool and continue to have a strong confidence in Hong Kong," Woon said.
Vice-President of Chinese Manufacturers' Association Paul Yin shared Woon's opinion. It's good that the interpretation has cleared the ambiguity, he said. Hong Kong people can now put their disputes behind them and move forward.
"Local and foreign investors both show a very positive attitude towards the interpretation... rarely did they make a negative comment" against the rendering throughout the length of the controversy, Yin said.
Political parties applaud ruling on CE tenure
Local major political parties yesterday warmly welcomed the national top legislature's rendering of the Basic Law, which spelt out that the next chief executive (CE) shall serve out the remainder of his predecessor's term.
The parties said that the top legislature's ruling can push ahead the scrutiny of the amendments made to the CE Election Ordinance at the Legislative Council (LegCo) and consolidate the rightful legal basis to allow the forthcoming CE by-election to proceed smoothly.
The interpretation of Clause 2, Article 53 of the Basic Law is absolutely crucial to ensure a timely and smooth CE by-election, scheduled on July 10, said Tam Yiu-chung, vice-chairman of the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB).
Tam, also chairman of the LegCo Bill Committee, said, "We strongly hope that the interpretation will end the political wrangling or legal row over the tenure of the next Hong Kong leader so that we can focus on vetting the amendments to the CE Election Ordinance."
The bill committee is established to scrutinize the CE Election (Amendment) (Term of Office of the CE) submitted by the government, which seeks to specify that the new CE, to be elected in the July 10 by-election, shall serve out the remainder of Tung Chee-hwa's term.
He said, "The government's proposed amendments have neither contradicted nor infringed on the NPC Standing Committee's interpretation of the Basic Law."
Also, Tam applauded the fact that the interpretation is confined to the next CE's tenure; other contentious issues, like whether the next CE can be re-elected once or twice, can be resolved afterwards.
He was hopeful that the LegCo will resume its second and third readings of the amendment bill at the end of next month; and the nomination process can begin from June 3.
DAB member Chan Kam-lam said the Basic Law interpretation resolved the grey areas regarding the term of the next CE and pre-empted a possible constitutional crisis in the SAR.
He said it would depend on citizens' consensus to resolve other issues such as whether the replacement CE could seek one or two re-elections. The party hoped that the three-member government taskforce on constitutional review, headed by acting CE Donald Tsang, can examine these issues while revamping the electoral arrangements for the selection of the third-term CE in 2007 and the formation of the legislature in 2008.
James Tien, chairman of the Liberal Party, yesterday also supported the NPCSC interpretation. He said it can push ahead with the scrutiny of the amendments made to the CE Election Ordinance to meet the by-election deadline.
NPCSC ruling on CE term ensures stability
Local political scientists and academics yesterday praised the top legislature's interpretation of the Basic Law, saying it will further consolidate Hong Kong's political stability so that it can focus on social, economic and development issues.
They made the remarks after the Standing Committee of the National People's Congress (NPCSC) yesterday unanimously approved an interpretation of Clause 2, Article 53, of the Basic Law, spelling out that the tenure of the next CE, to be returned in the July 10 by-election, shall be the remaining part of Tung Chee-hwa's term.
The rendering has eliminated a possible constitutional crisis, said James Sung, a political scientist and principal lecturer at City University of Hong Kong.
"The interpretation will remove political obstacles and uncertainties hindering a smooth by-election, which in turn will foster Hong Kong's political stability and solidarity," he said.
It will also draw local residents' attention back to the on-going constitutional review on the electoral arrangements for selecting the third-term CE in 2007 and forming the legislature in 2008.
It has cleared uncertainties for the securities markets and will help boost investors' confidence, he added.
In the long run, Sung said the SAR executive-led governance structure will be further consolidated. "The central government has showed its strong determination to keep Hong Kong's political and social stability."
He believed Hong Kong would now be free from the risk of failing to return a new CE within the prescribed period. But Sung was not without worries.
"Psychologically, citizens seem to have got used to the national top legislature interpreting the Basic Law. It may possibly precipitate further law interpretations in future," he said.
Timothy Wong, a political scientist at the Chinese University of Hong Kong, said the central government has already taken into account the principles of "One Country, Two Systems" and "high degree of autonomy" when it requested the NPCSC to interpret the Basic Law.
The effort can be seen from the fact that the NPCSC has confined its ruling only on the term of the by-elected CE in the current vacancy. "It leaves room for Hong Kong to resolve the problems should similar scenarios on vacancies arise, based on its formulated election methods through the 2007 constitutional review," said Wong.
"Beijing has also adopted a flexible tactic by engaging in more communication and candid exchanges with all circles in Hong Kong", thus minimizing worries expressed by the international community over the interpretation's impact on the maintenance of "One Country, Two Systems" and the implementation of the Basic Law. "From opinion polls, it is clear that people are fed up with political squabbles over the term of the next CE and want to get on with their lives."
Rendering boosts democratic process
The National People's Congress Standing Committee (NPCSC) endorsed yesterday the bill of Basic Law interpretation over the tenure of a new chief executive returned in a mid-term election.
The passage of the bill has not only ended the tenure controversy and provided the legal basis for the new CE to be elected on July 10 as scheduled, but also has another significance -- preserving the room for Hong Kong's democratic development within the Basic Law framework after 2007.
The interpretation, announced yesterday, only provided that the new CE shall serve out Tung Chee-hwa's remaining term, which runs up to June 30, 2007. The issue that many Hong Kong people are concerned about -- how many times the new CE could be re-elected -- was not mentioned, however.
The arrangement will be able to address the most pressing issue of the July election on the one hand, and avoid creating obstacles to the change of election methods in 2007 and 2008 on the other. It has served to underline once again the determination and sincerity of the central government to work in strict accordance with the Basic Law.
In his explanation for the interpretation, Li Fei, deputy director of the NPC's Legislative Affairs Commission, said that according to the Basic Law's Annex I and NPC Standing Committee's associated ruling on April 26 last year, the method to select CEs can be altered after 2007 if necessary. Once the method is changed, the tenure of a new CE emerging mid-term ought to be dictated by the amended provisions. Hence, the interpretation this time only deals with the situation before 2007.
Li also pointed out the fact that the SAR is conducting a public consultation on how to modify the third-term CE selection method in 2007. He said the Hong Kong public is full of expectations on the new method to be used in the election of the third-term CE.
When drawing up the Basic Law in the 1980s, the drafters, taking into consideration Hong Kong's history and actual situation as well as the local population's political aspirations, laid down the principle of gradual and orderly progress and the ultimate goal of universal suffrage.
At the same time, since "one country, two systems" is an unprecedented creation that requires continuous review, the Basic Law sets a 10-year limit on this process. It provides that if it is necessary to amend any of the electoral provisions, the new selection method, born after the completion of due legal process, could be used in the election for the third-term CE in 2007.
To that end, the SAR has set up a constitutional development task force and, after broadly based consultation, released four reports on the subject.
At present, the question of whether or not the 2007 CE election method should be changed has already been put on the agenda. If everything goes well, it will move on to the stage of discussion of different proposals and finally legislation. All this shows that the territory's democracy is advancing at a steady pace.
Tung's resignation will not and should not bring uncertainties to Hong Kong's political development in 2007 and beyond. The central government has not been swayed in its open and liberal attitude towards the 2007 election method. Nor has Hongkongers' demand for the gradual development of a democratic system changed.
(China Daily HK Edition April 28, 2005)
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