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Home >> China
UPDATED: 08:13, April 19, 2005
China's legislature to examine draft interpretation of HKSAR Basic Law
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China's top legislature, the Standing Committee of the National People's Congress (NPC), announced in Beijing Monday that next week it would examine a draft interpretation of Hong Kong's mini-constitution regarding the tenure of the region's chief executive.

The draft interpretation of Clause 2, Article 53 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) will be deliberated at the 15th session of the 10th NPC Standing Committee, scheduled to convene from April 24 to 27 in Beijing.

The information was released by the 31st chairman and vice- chairpersons meeting of the 10th NPC Standing Committee.

During the upcoming session, lawmakers will deliberate on the motion, submitted by the State Council, China's cabinet, on April 10, which asks the NPC Standing Committee to interpret Clause 2 of Article 53, and the draft interpretation of Clause 2 of Article 53 of the HKSAR Basic Law, which was proposed by Monday's chairman and vice-chairpersons' meeting.

Clause 2 of Article 53 stipulates that, 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.

Tung Chee Hwa, 67, announced in Hong Kong on March 10 that he had officially submitted to the Chinese central government his request for resignation from the post as chief executive of the HKSAR for health reasons.

A plenary meeting of China's State Council on March 12 approved Tung Chee Hwa's resignation as the HKSAR chief executive. Acting Chief Executive and Administrative Secretary Donald Tsang immediately began to assume the duties of the Chief Executive of HKSAR.

Tsang on March 12 said in a press conference that the selection for the new Chief Executive will be held on July 10 according to law. He said, "Our position is that the term of office of the new Chief Executive shall be the remainder of the term of the preceding Chief Executive."

Acting Hong Kong Chief Executive Donald Tsang submitted a report to the State Council on April 6, proposing that the State Council make a request to the NPC Standing Committee to interpret Clause 2 of Article 53 to clarify the fact that the tenure of the next HKSAR chief executive is the remaining tenure of the former HKSAR chief executive.

The State Council held that nailing down the tenure of the next HKSAR chief executive was vital to the accurate implementation of the relevant provisions in the HKSAR Basic Law, and had a direct bearing on the smooth election of the next HKSAR chief executive as well as the central government's appointment to the next HKSAR leader.


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