Draft interpretations on HK Basic Law reviewed

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Last updated at: (Beijing Time) Friday, April 02, 2004

Draft interpretations on HK Basic Law reviewed

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The National People's Congress (NPC) Standing Committee, China's national legislature, began Friday to deliberate draft interpretations on Clause 7 of Annex I and Clause 3 of Annex II of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) concerning issues of constitutional development of the region.

Deputy Director Li Fei of the Commission of Legislative Affairs of the NPC Standing Committee explained the draft interpretations to lawmakers. He said the existing provisions on Hong Kong's constitutional developments in the Basic Law have been made on the basis of the "one country, two systems" principle. The provisions were in line with the central government's policies towards Hong Kong and its legal status and real conditions, including different interests of social strata, to benefit the development of Hong Kong's capitalist economy.

The effective proportion of Hong Kong's former constitutional system has been preserved by the Basic Law, which also made clear that constitutional development must proceed step by step out of its own real conditions and with balanced representation of people from all walks of life, Li said.

"These important principles are intended to safeguard Hong Kong's long-term prosperity and stability," he said.

"Currently different understandings exist in Hong Kong society on Clause 7 of Annex I and Clause 3 of Annex II of the Basic Law," he said.

As Hong Kong's future constitutional developments are related to the implementation of the "one country, two systems" principle and the Basic Law, and to the ties between the Central Government and HKSAR, and to the interests of various Hong Kong social groups as well as Hong Kong's long-time prosperity, with the aim to make the Basic Law correctly understood and implemented, the meeting of the chairman and vice-chairpersons of the NPC Standing Committee has proposed the draft interpretations to the NPC Standing Committee for deliberation in accordance with procedures defined by the Constitution and the Basic Law based on suggestions from NPC deputies, he said.

Clause 7 of Annex I of the Basic Law says: "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 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."

Clause 3 of Annex II regards the method for the formation of the Legislative Council and its voting procedures after 2007. It says: "With regard to the method of forming the Legislative Council of the Hong Kong Special Administrative Region and its procedures for voting on bills and motions after 2007, if there is a need to amend the provisions of this annex, such amendments must be made with the endorsement of a two-thirds majority of all the members of the Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for the record."

Before tabling the motion to the NPC Standing Committee, members of Hong Kong SAR Basic Law Committee under the NPC Standing Committee, NPC deputies from Hong Kong and the members of the Standing Committee of the Chinese People's Political Consultative Conference National Committee have been consulted, and public opinion in Hong Kong collected by a special constitutional reform task force of the SAR Government has also been reviewed, Li said.

Interpretation not to harm high degree of autonomy

Stephen Lam, Hong Kong secretary for Constitutional Affairs, said Saturday that China's top legislature's interpretation of the Basic Law would not harm either the implementation of "One Country, Two Systems" or a high degree of autonomy in Hong Kong.

Remarking at a symposium on constitutional development, Lam, also head of the Constitutional Development Task Force, said according to Article 62 of the Constitution, the Standing Committee of the National People's Congress (NPC) is responsible for determining the constitution of Hong Kong Special Administration Region (HKSAR) while Article 158 of the Basic Law stipulated that, the NPC Standing Committee is entrusted to interpret the Basic Law.

Lam said the early interpretation and clear definition of the related articles would be good for Hong Kong.

In a related development, Financial Secretary Henry Tang said Saturday that it is the legitimate right for the NPC Standing Committee to interpret the Basic Law, the act will not affect the confidence of foreign investors for Hong Kong.

He said, for foreign investors, they care about Hong Kong's economic structures and if they can make money here.

He said, Hong Kong's economy has just entered the track of recovery, which not comes easily.

He believed that the most important thing for Hong Kong is to seek the opportunities and make concerted efforts to face new challenges.

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