Acting Chief Executive Donald Tsang announced Wednesday that the Hong Kong government has decided to submit a report to the State Council suggesting the Chinese top legislature interpret the Basic Law concerning the term of office of the new Chief Executive.
Tsang, also Administrative Secretary of the Hong Kong Special Administrative Region (HKSAR), made the remark at the Legislative Council. He said the decision was made after thorough and careful consideration.
Tsang said he hopes that LegCo members and the community will understand the consideration behind the decision of the HKSAR government to seek an interpretation by the National People's Congress Standing Committee, stressing this is a correct and necessary decision.
"We have made arrangements for the Chief Executive's Office to submit the Report to the State Council later today," Tsang said
He said, on March 12 this year, the State Council approved the request of Tung Chee Hwa to resign from the office of the Chief Executive. Since then the office of the Chief Executive has been vacant.
Article 53 of the Basic Law stipulates that, in the event that the office of the Chief Executive becomes vacant, a new Chief Executive shall be selected within six months in accordance with the provisions of Article 45 of the Basic Law. Section 10 of the Chief Executive Election Ordinance (CEEO) requires that Hong Kong shall hold the election on July 10.
Regarding the term of office of a new Chief Executive to be elected to fill the vacancy in the office of the Chief Executive, the Secretary for Justice had examined thoroughly and carefully the relevant provisions of the Basic Law and the legislative intent of such provisions, and explained the position of the government at a press conference held on March 12 and the LegCo House Committee meeting held on March 15, Tsang said.
He said, "Our position is that the term of office of the new Chief Executive shall be the remainder of the term of the preceding Chief Executive."
He said as the CEEO has no express provision regarding the term of office of the new Chief Executive elected to fill the vacancy in the office of the Chief Executive which arises other than due to the expiry of term, Hong Kong will submit the Chief Executive Election (Amendment) (Term of office of Chief Executive) Bill ("the Bill") to this Council for First Reading and commence Second Reading debate on Wednesday.
The purpose of the Bill is to set out clearly and explicitly the term of office of the Chief Executive in accordance with the position of the HKSAR Government.
(Xinhua News Agency April 7, 2005)
