The acting chief executive of the Hong Kong Special
Administrative Region (SAR) said yesterday his government is
working to guarantee that a new chief executive can be elected on
July 10 in a way that satisfies its citizens and fulfils its duties
under Basic Law.
Donald Tsang, appearing in the Legislative Council (LegCo) for
the first time since taking up his post, said that by doing so it
would eliminate political uncertainty and consolidate social
stability and economic development.
At a special meeting of the LegCo's House Committee, Tsang
cautioned that possible legal challenges advocating a full
five-year term would deal a blow to the progress of the SAR's
constitutional development.
Some politicians have said that the government's decision to
proceed with a two-year term breaches the Basic Law, and they have
not ruled out filing for a judicial review.
Tsang said, "We will try our best to overcome any challenges and
difficulties. Anyone who attempts to mount a legal challenge should
think about what the public want."
Should a legal challenge be made, Tsang said he is confident that
local courts would rule in favor of the government.
Tsang added that the government's original understanding of the
Basic Law regarding the chief executive's term of tenure had been
incorrect.
SAR Secretary for Justice Elsie Leung had at first held that the
term of tenure should be five years, but changed her mind after
seeking the opinion of mainland legal experts, a move backed by the
National People's Congress Legislative Affairs Commission.
Leung said the legislative intent of 2001's Chief Executive
Election Bill was that a chief executive elected mid-term should
serve the remainder of his or her predecessor's term, despite
wording that specified a fresh term of five years.
In response to criticism that the government had made a u-turn
for the sake of political expediency, Tsang said that in some
circumstances legal interpretations on constitutional affairs may
vary in Hong Kong, which has adopted the common law system.
(China Daily March 16, 2005)
