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)
