The State Council, China's cabinet, on Sunday decided to make a request to the Standing Committee of the National People's Congress (NPC), China's legislature, to interpret the Clause 2 of Article 53 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) concerning the tenure of a new HKSAR chief executive.

A spokesperson of the Hong Kong and Macao Affairs Office of the State Council made comments on the issue. He said the State Council had on Sunday submitted a motion to the NPC Standing Committee, making a request to the NPC Standing Committee to interpret the Clause 2 of Article 53.

Acting Hong Kong Chief Executive 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, so as to clarify the fact that the tenure of a new HKSAR chief executive is the remaining tenure of the former HKSAR chief executive, the spokesperson said.

The State Council held that nailing down the tenure of a new 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 new HKSAR chief executive as well as the central government's appointment to the new HKSAR leader, the spokesperson said.

Therefore, it is absolutely necessary to make a request to the NPC Standing Committee to interpret the relevant provisions in the HKSAR Basic Law, said the spokesperson.

The spokesperson said the State Council's timely study of the report submitted by the HKSAR government and its resolution to request the NPC Standing Committee to interpret relevant provisions of the HKSAR Basic Law, demonstrated the cabinet's consistent position of strictly following the HKSAR Basic Law and sparing no efforts to maintain Hong Kong's stability and prosperity.

HKSAR Basic Law excerpts Article 53

If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, such duties shall temporarily be assumed by the Administrative Secretary, Financial Secretary or Secretary of Justice in this order of precedence.

In the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within six months in accordance with the provisions of Article 45 of this Law. During the period of vacancy, his or her duties shall be assumed according to the provisions of the preceding paragraph.

Article 45

The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government.

The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.

The specific method for selecting the Chief Executive is prescribed in Annex I "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region."

Source: Xinhua