China's top legislature, the Standing Committee of the National
People's Congress (NPC), engaged in extensive and in-depth
discussions on the draft interpretations on Clause 7 of Annex I and
Clause 3 of Annex II of the Hong Kong Basic Law during panel
meetings on Saturday.??
Members all agreed that as Hong Kong society has different
understandings of the related provisions, it is essential and very
timely to make such interpretations for the purpose of quelling
disputes, reaching consensus, ensuring Hong Kong's constitutional
system develops in line with the Basic Law and maintaining the
long-term prosperity and stability of the region.
The national legislature's interpretation of those provisions
concerning how the Chief Executive and local lawmakers were chosen
is an implementation of its responsibility granted by the
Constitution and the Basic Law, lawmakers said.
Some members of the Standing Committee noted that different
perceptions of the Basic Law had to do with the accurate
understanding of the "one country, two systems" policy and full
implementation of the Basic Law. It was a matter of principle and
essence, instead of a matter of sideshows or minor particulars.
Some committee members said the election of the Chief Executive
and the Legislative Council in Hong Kong are an essential part of
Hong Kong's constitutional system, which had a bearing on the
relationship between the central government and the HKSAR, and it
is up to the NPC Standing Committee to make the interpretation.
The interpretation would help do away with doubts, quell
disputes, reach common social consensus, better implement the Basic
Law, ensure the sound development of Hong Kong's constitutional
system and maintain the long-term prosperity and stability of Hong
Kong.
Members of the NPC Standing Committee unanimously held that the
legislature has full constitutional and legal foundation to
interpret the Basic Law. China's Constitution specifies that the
NPC Standing Committee is entitled to interpret law, and the Basic
Law provides that the power of interpreting Hong Kong's Basic Law
shall be vested in the NPC Standing Committee.
China's law on legislation also stipulates that interpretation
of law should be made by the NPC Standing Committee. In face of
different understandings of law, the NPC Standing Committee has the
power and obligation to make concerned interpretations in a bid to
ensure the correct implementation of law.
As Hong Kong society has disputes over the understanding of the
concerned stipulations in Annex I and Annex II, the Standing
Committee of NPC should fulfill its duty and make the
interpretation, lawmakers said.
Some members said to administer Hong Kong in accordance with law
has been an important component of the national policy on rule of
law. Such interpretations to unify different understandings of the
Basic Law are a crucial measure in implementation of the Basic Law
and better implementation of "one country, two systems" policy,
they acknowledged.
Lawmakers unanimously agreed that the work of drafting the
interpretations has been carried out in conformity with the law and
in a democratic manner. Extensive, in-depth and sound research and
consultations have been made.
"Democracy was brought into full play and the law has been
strictly abided by," one said.
After the draft interpretations were proposed by the meeting of
the chairman and vice-chairpersons of the NPC Standing Committee,
the HKSAR Basic Law Committee under the NPC Standing Committee was
consulted, a meeting was also held in Shenzhen to solicit
suggestions from a special constitutional development task force in
the HKSAR government, NPC deputies from Hong Kong and members of
the Standing Committee of the Chinese People's Political
Consultative Conference, as stipulated by the Basic Law.
Lawmakers said Saturday the whole procure complied with the law
to the letter.
All members of the NPC Standing Committee spoke highly of the
draft interpretations and suggested that they be put to vote when
the session concludes on next Tuesday.
They said the draft interpretations, which cover the issues of
common concern in Hong Kong, are to-the-point, simple yet clear,
and clarify the implications of the relevant provisions.
The draft interpretations have reflected the original
legislative intention of the Basic Law and the principle of "one
country, two systems," as well as shown the central government's
constant policies towards Hong Kong, which completely conformed to
the Basic Law, they said.
"The interpretations are fair, reasonable, in line with the law
and consistent with the pace of constitutional development in Hong
Kong," one said, adding that "they are absolutely correct as they
go back to the very original intention of the Basic Law."
The guideline that the Central Authority has a final say on
where the constitutional development in Hong Kong will go has been
reflected in the draft interpretations, they noted.
Lawmakers were unanimous in the view that Hong Kong people have
been enjoying the unprecedented democratic rights since Hong Kong
returned to the motherland in 1997, which they should cherish.
The "one country, two systems" principle has been fully
implemented and Hong Kong is administered by Hong Kong people
themselves with a high degree of autonomy while they have
participated in the work of the country's supreme power of state by
electing their own deputies to the NPC, lawmakers added.
They went on to say that the NPC Standing Committee's
interpretations on the relevant Basic Law provisions are following
the principles set forth by the Basic Law to develop democracy in
Hong Kong in a down-to-earth and step-by-step manner featuring
balanced participation of people from all walks of society, and
will further safeguard the democratic rights of Hong Kong
people.
Hong Kong people should seize the opportunity to further
increase and improve public awareness of the Basic Law by taking
advantage of the formulation of these interpretations so as to
better safeguard the authority of the Basic Law, they said.
(Xinhua News Agency April 4, 2004)