Hong Kong's Legco Muddies Chief Executive Ruling

by Mary Swire, Tax-News.com, Hong Kong

02 May 2005

Despite vociferous protests from Democrats and in the media, a committee of Hong Kong's Legco decided on Friday to accept Beijing's ruling that the tenure of Hong Kong's next chief executive should be the remaining part left by the former chief executive, ie the two years remaining until 2007.

After former Chief Executive Tung Chee-hwa resigned in March, Chief Secretary Donald Tsang Yam-kuen took his place, and is to be confirmed (presumably) as Chief Executive in an election on July 10th. Many in Hong Kong felt that the election of a new leader should be for a 5-year term, but the government, backed by Beijing, wanted the new occupant to be in post only until 2007.

The existing electoral law covered the process for electing the Chief Executive only for the first ten years of Hong Kong's new life as part of China, and opponents of the '2-year' proposal are worried that they are not being told what will happen in 2007.

The government asked the standing committee of China's National People's Congress to rule on the matter. Li Fei, deputy director of the Legislative Affairs Commission of the Standing Committee said: 'The tenure of a new Hong Kong chief executive shall be the remaining part of the former chief executive's five-year tenure when the former retires before full term, according to a draft interpretation of Hong Kong's mini-constitution provisions.' And the Committee agreed with him. The NPC Standing Committee's interpretation, issued on Wednesday, said if the election method were to change after 2007, this requirement could also be changed.

Pro-democracy members of Legco said that the wording of the amendment should reflect the NPC's interpretation, so that the new requirement - that a successor to a chief executive who quits should only serve the remainder of his predecessor's term - could be changed after 2007. Leading Democrat Martin Lee Chu-ming said the government wanted to "lie" to the people with an unclear law so it could further its political agenda in the future.

However, Secretary for Constitutional Affairs Stephen Lam Sui-lung said the amendment should not copy entirely the NPC's interpretation, since Hong Kong should use local language in local legislation. He said the amendment adequately reflected the NPC Standing Committee's ruling.

The amendment will be put to a vote early in May, and is sure to be approved.

'The central government sincerely hopes the amendment of the selection method of chief executives with terms subsequent to 2007 will reflect HK's democratic progress and the consensus reached by all circles of Hong Kong society,' said Li Fei.

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