Top legislature adopts interpretations of HK Basic Law

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Last updated at: (Beijing Time) Wednesday, April 07, 2004

Top legislature adopts interpretations of HK Basic Law

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China's top legislature said in Beijing Tuesday that it is up to the Chinese central authorities to decide whether it's necessary or not to amend the methods for selecting government head and forming local legislature in Hong Kong.

The Chief Executive of the Hong Kong Special Administrative Region (SAR) shall submit a report to the Standing Committee of the National People's Congress (NPC) if there is a need to amend, which shall be decided upon by the NPC Standing Committee, said the 10th NPC Standing Committee in its interpretations of two clauses of the Annexes of the Hong Kong SAR Basic Law, or the region's mini-constitution.

The NPC Standing Committee will decide on the Chief Executive'sreport "in accordance with the provisions in Articles 45 and 68 ofthe Hong Kong Basic Law and on the basis of the actual situation in Hong Kong and the principle of gradual and orderly progress," said the interpretations.

The interpretations, adopted at the end of the five-day 8th meeting of the NPC Standing Committee Tuesday, were made for Clause 7 of Annex I and Clause 3 of Annex II of the Hong Kong Basic Law, which involve issues on amending the existing methods for selecting the Chief Executive and forming the Legislative Council in Hong Kong, as well as the procedures for voting on bills and motions in the Legislative Council.

The two clauses respectively stipulate that "if there is a needto amend the method for selecting the Chief Executives for terms subsequent to the year 2007, such amendments must be made with theendorsement 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" and that "with regard to the method for 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."

The provisions in the two annexes refer to prerequisite legal procedures for amending the methods and the voting procedures. "Only upon the completion of the above-mentioned procedures, including the final approval or registration for the record by theNPC Standing Committee in accordance with law, shall the amendments take effect," said the interpretations by the NPC Standing Committee.

The interpretations added that bills and draft amendments regarding the revision of the methods and the procedures shall be proposed to the Legislative Council by the Hong Kong Special Administrative Regional Government.

The interpretations also made two clarifications of the definitions and expressions in the two annexes. "The period defined as 'subsequent to the year 2007' and 'after 2007' in the two annexes shall include the year 2007," said the interpretations.The Hong Kong SAR is expected to select its Chief Executive for the third term in 2007.

The other clarification says that the expression of "if there is a need to amend" the methods and procedures in the two annexes means that they may be amended or may not be amended.

If no amendments are to be made, the existing method for selecting the Chief Executive, the method for forming the Third Legislative Council and the existing voting procedures as providedfor in the two annexes shall continue to be applicable, said the interpretations.

Interpretations necessary, timely

The interpretations by the Standing Committee of the National People's Congress on the Basic Law of the Hong Kong Special Administrative Region (SAR), in accordance with the Constitution and law, are necessary and timely, said some mainland officials Tuesday.

A news conference was held right after the conclusion of the Eighth Meeting of the Tenth NPC Standing Committee which discussed and approved the top legislature's interpretations on part of Annex I and Annex II of the Basic Law of the Hong Kong SAR.

Qiao Xiaoyang, deputy secretary-general of the NPC Standing Committee, Li Fei, deputy director of the NPC Legislative Affairs Committee, and Xu Ze, deputy director of the State Council Office on Hong Kong and Macao Affairs, answered questions raised by a group of Chinese and overseas journalists.

Since the second half of last year, there have been different understandings in Hong Kong about if there is a need to amend the methods of selecting the Chief Executive and the Legislative Council in the Annex I and Annex II of the Basic Law, according to the officials.

In fact, they said, there are different views on the constitutional development of Hong Kong in the future, which has a bearing on the relations between the Central Authorities and the Hong Kong SAR, the interests of all social strata, all walks of life and all parties in Hong Kong, and the long-term prosperity and stability of Hong Kong.

Qiao pointed out that the Hong Kong SAR is a local administrative region under the direct governance of the Central People's Government, with its rights of autonomy authorized by the Central Government.

By exercising its right to interpret the Basic Law, the NPC Standing Committee would clarify different understandings in the implementation of the Basic Law, which will not affect a high degree of autonomy the Hong Kong SAR enjoys, said Qiao. Moreover, it is beneficial for the Hong Kong SAR to practice a high degree of autonomy.

The constitutional system of the Hong Kong SAR is provided for under the Basic Law, and the decision-making power is in the hands of the Central Authorities and as a local administrative region, the Hong Kong SAR has no rights to alter its constitutional system,Qiao said.

All the interpretations are compliant to the Basic Law and other regulations on the constitutional system of the Hong Kong SAR, he stressed.

The interpretations indicate that a constitutional law like the Basic Law has to be understood in association with the legal status of the Hong Kong SAR, principles of the Basic Law, and other relevant provisions, and only on this basis, can the meaning of the specific provisions of the Basic Law be precisely understood, Qiao noted.

He said that the NPC Standing Committee has exercised its right to interpret the Basic Law in a very prudent and serious manner. The interpretations are expected to play a positive role in and create profound impacts on correct understanding and implementing the principle of "one country, two systems," ensuring the constitutional development of Hong Kong on the track of the Basic Law, and securing a long-term prosperity and stability in Hong Kong.

Hong Kong reacts

In Hong Kong, Chief Executive Tung Chee-hwa said Tuesday the interpretation of the Basic Law by China's top legislature has provided "the most authoritative" legal basis for the debate on constitutional development in Hong Kong.

He said at a news conference the clarification has laid a solid foundation for the SAR government's next stage of work.

Tung refuted the claim by some locals that the NPCSC interpretation has set up hurdles against Hong Kong's political reform process.

"Constitutional development in Hong Kong is a major issue of the nation, not only of the SAR," he said. "The central government has the power and responsibility to decide on it."

Democratic progress should be achieved in accordance with the Basic Law and in a way that maintains Hong Kong's prosperity and stability and serves the overall interests of the SAR, he said.

Tung was asked what he would take into account when submitting a report to the NPCSC regarding the amendment of the selection methods of the chief executive and the legislature after 2007.

The report would be made open to the public, he replied, adding that he would fully reflect the views of Hong Kong people in his report.

Chief Secretary Donald Tsang, who heads the Task Force on Constitutional Development, said he would submit to Tung the second report on issues of principle in mid-April.

Once the report is endorsed by Tung, it will be submitted to the central government for approval.

The task force will then commence discussion on concrete options concerning political reform under the established premise and will consult broadly and openly with the Legislative Council and the public, he said.

"As now the NPC Standing Committee has handed down its interpretation of the procedures, various doubts surrounding the procedures have been clarified,'' he said.

"If the central government gives us the affirmation to amend the election methods, I believe there will be ample time for the next round of consultation and, if necessary, amendment of local laws."

Peter Wong, a local deputy to the National People's Congress, said the interpretation could put an end to quarrels over constitutional reform as it contains the clear message that the central government has the final say in changing the electoral methods of the chief executive and Legislative Council (LegCo).

Hong Kong people will become more aware of "one country" after the NPC Standing Committee interpretation, Wong told China Daily.

"As long as we consider the political reform from the 'one country' perspective, we can have a more smooth discussion on the issue," he said.

Tsang Hin-chi, a member of the NPCSC, said in Beijing Tuesday that the interpretation was "mild and clear".

He urged Hong Kong people to set store by the overall interests of the city and not to blindly oppose the interpretation.

Ma Lik, chairman of the Democratic Alliance for Betterment of Hong Kong, said the interpretation has taken into account the views of the Hong Kong community and the Task Force on Constitutional Development. It has helped clarify the grey areas concerning electoral provisions in the Basic Law.

"We consider the interpretation as fair, legal and reasonable," he said.

He hoped the chief executive would fully consult Hong Kong people before submitting the report on proposals to change electoral methods to the NPCSC. In this way, local citizens would be involved in the political-reform process from the very beginning.

Albert Chan, a member of the Basic Law Committee, said the interpretation clearly states the roles of the central government and the SAR government in Hong Kong's political reform. It also makes clear that the SAR government has the power to initiate the changes of electoral methods, he said.

Source: Xinhua

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