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Secretary for Justice Elsie Leung, speaking yesterday about Beijing's plan to interpret the Basic Law, said the move is totally legal. She said the clarifications will not undermine "One Country, Two Systems" and the "high degree of autonomy" in Hong Kong.
She made the remark after the Standing Committee of the National People's Congress (NPC), China's top legislature, announced on Friday that it would take the initiative to interpret the Basic Law provisions concerning the selection methods, after 2007, for the chief executive and the Legislative Council.
Leung called on Hong Kong people not to resist the interpretation plan because the power to interpret the Basic Law belongs to the NPC Standing Committee.
Several local NPC deputies and delegates to the Chinese People's Political Consultative Conference (CPPCC), the national advisory body, also expressed their support for the planned interpretation of Annexes I and II of the law.
They said it would provide a better understanding of the relevant provisions and put an end to the current disputes concerning constitutional development.
Executive Councillor and CPPCC Standing Committee member Leung Chun-ying said that the interpretation will clarify the legislative intent behind the law. "It is nothing but the reflection of rule of law," he said.
He believed the NPC Standing Committee would take into account views across the board before arriving at a conclusion.
Tam Yiu-chung, vice-chairman of the Democratic Alliance for Betterment of Hong Kong and a CPPCC delegate, said the interpretation plan was necessary and timely.
"Some people have claimed that the process for constitutional development is being delayed and demanded specific options. But it will be difficult to enter into specific options if the fundamental matters are not clarified," he said.
In the light of divergent opinions regarding matters of principle and procedure, there must be an authoritative interpretation of the relevant provisions. "Interpretation by the NPC Standing Committee -- rather than central or SAR government officials -- has solid legal basis," he added.
NPC deputy Carson Wen said that from the legal perspective, the NPC Standing Committee has the authority to interpret the Basic Law. The effort will help people better understand Annexes I & II of the law.
"This is a good thing because we will have a platform to debate on the constitutional development and build consensus," Wen said.
NPC deputy Allen Lee said that the central government wants to play a leading role in the SAR's constitutional development and Hong Kong people should accept it.
He said the controversy will die down if there is a timetable on constitutional reform and pace of democratization that conforms to "gradual and orderly progress".
(China Daily HK Edition March 29, 2004)
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