The necessary and timely interpretations by China's top
legislature on the Basic Law of
Hong Kong will be conducive for Hong Kong's development and
stability, mainland officials said Tuesday.
During a press conference following the conclusion of the Eighth
Meeting of the Tenth National People's Congress (NPC) Standing
Committee three top officials said the interpretations will be
beneficial for the special administrative region's (SAR) high
degree of autonomy.
The two clauses interpreted, Clause 7 of Annex I and Clause 3 of
Annex II, relate to the selection of the Chief Executive of the
HKSAR and the formation of the Legislative Council as well as
procedures for voting on bills and motions after 2007.
The press conference was held by Qiao Xiaoyang, deputy
secretary-general of the NPC Standing Committee, Li Fei, deputy
director of the NPC Legislative Affairs Committee, and Xu Ze,
deputy director of the State Council Office on Hong Kong and Macao
Affairs. .
Discussion has raged in Hong Kong since the second half of last
year about whether there is a need to amend the way the Chief
Executive and the Legislative Council are selected, the officials
said.
In fact, they said, there are different views as to how the
constitutional development of Hong Kong should move forward. That
development has a bearing on the relationship between the central
authorities and the HKSAR, the public's interests and Hong Kong's
future.
Qiao pointed out the HKSAR is a local administrative region
under the direct governance of the Central People's Government,
with its rights of autonomy authorized by the central
government.
By exercising its right to interpret the Basic Law, the NPC
Standing Committee can clarify different views on the
implementation of the Basic Law, he said.
This will not affect the high degree of autonomy Hong Kong
enjoys, said Qiao. In fact, he added, it is beneficial for the
HKSAR to practice a high degree of autonomy.
The Basic Law provides for a constitutional system in Hong
Kong.
The decision-making power, however, is in the hands of the
central authorities while the HKSAR, as a local administrative
region, has no rights to alter its constitutional system, Qiao
said.
He stressed that all the interpretations are compliant to the
Basic Law and other regulations on the constitutional system of the
HKSAR.
The interpretations indicate that a constitutional law like the
Basic Law has to be understood in relation to the legal status of
the HKSAR and the principles behind it.
Only on this basis, can the meaning of the specific provisions
of the Basic Law be precisely understood, Qiao noted.
He said that the NPC Standing Committee has exercised its right
to interpret the Basic Law in a very prudent and serious manner.
The interpretations are expected to play a positive role in the
understanding and implementation of the "one country, two systems"
principle while ensuring the constitutional development of Hong
Kong and securing its long-term prosperity and stability.
Hong Kong reacts
In Hong Kong, Chief Executive Tung Chee-hwa said Tuesday the
interpretation of the Basic Law by China's top legislature has
provided "the most authoritative" legal basis for the debate on
constitutional development in Hong Kong.
He said at a news conference the clarification has laid a solid
foundation for the SAR government's next stage of work.
Tung refuted the claim by some locals that the NPCSC
interpretation has set up hurdles against Hong Kong's political
reform process.
"Constitutional development in Hong Kong is a major issue of the
nation, not only of the SAR," he said. "The central government has
the power and responsibility to decide on it."
Democratic progress should be achieved in accordance with the
Basic Law and in a way that maintains Hong Kong's prosperity and
stability and serves the overall interests of the SAR, he said.
Tung was asked what he would take into account when submitting a
report to the NPCSC regarding the amendment of the selection
methods of the chief executive and the legislature after 2007.
The report would be made open to the public, he replied, adding
that he would fully reflect the views of Hong Kong people in his
report.
Chief Secretary Donald Tsang, who heads the Task Force on
Constitutional Development, said he would submit to Tung the second
report on issues of principle in mid-April.
Once the report is endorsed by Tung, it will be submitted to the
central government for approval.
The task force will then commence discussion on concrete options
concerning political reform under the established premise and will
consult broadly and openly with the Legislative Council and the
public, he said.
"As now the NPC Standing Committee has handed down its
interpretation of the procedures, various doubts surrounding the
procedures have been clarified,'' he said.
"If the central government gives us the affirmation to amend the
election methods, I believe there will be ample time for the next
round of consultation and, if necessary, amendment of local
laws."
Peter Wong, a local deputy to the National People's Congress,
said the interpretation could put an end to quarrels over
constitutional reform as it contains the clear message that the
central government has the final say in changing the electoral
methods of the chief executive and Legislative Council (LegCo).
Hong Kong people will become more aware of "one country" after
the NPC Standing Committee interpretation, Wong told China
Daily.
"As long as we consider the political reform from the 'one
country' perspective, we can have a more smooth discussion on the
issue," he said.
Tsang Hin-chi, a member of the NPCSC, said in Beijing Tuesday
that the interpretation was "mild and clear".
He urged Hong Kong people to set store by the overall interests
of the city and not to blindly oppose the interpretation.
Ma Lik, chairman of the Democratic Alliance for Betterment of
Hong Kong, said the interpretation has taken into account the views
of the Hong Kong community and the Task Force on Constitutional
Development. It has helped clarify the gray areas concerning
electoral provisions in the Basic Law.
"We consider the interpretation as fair, legal and reasonable,"
he said.
He hoped the chief executive would fully consult Hong Kong
people before submitting the report on proposals to change
electoral methods to the NPCSC. In this way, local citizens would
be involved in the political-reform process from the very
beginning.
Albert Chan, a member of the Basic Law Committee, said the
interpretation clearly states the roles of the central government
and the SAR government in Hong Kong's political reform. It also
makes clear that the SAR government has the power to initiate the
changes of electoral methods, he said.
(China Daily April 7, 2004)