China set to interpret Hong Kong constitution again
Wed Apr 6, 2005 04:49 AM ET
By Tan Ee Lyn
HONG KONG (Reuters) – Hong Kong’s government asked China on Wednesday to interpret its constitution to settle a growing row over the term of its next leader, despite concerns that the move will undermine the city’s high degree of autonomy.
Acting Chief Executive Donald Tsang told the legislature that it was "accurate and necessary" to get China’s parliament to interpret the Basic Law to stave off legal challenges which might derail limited elections to select a new leader in July.
"We can’t see any other way to guarantee that we can conduct the election on July 10 without resorting to an interpretation from the National People’s Congress," he said. "For Hong Kong’s stability and smooth operation of the government, I will ask the central government to interpret to resolve Hong Kong’s present controversy." More
Tsang became acting leader after deeply unpopular Tung Chee-hwa suddenly quit last month, citing health reasons.
Beijing has decided that the city’s next leader would serve out only
the remainder of Tung’s term, or two years, instead of the standard
five years as stipulated in the constitution, angering pro-democracy
lawmakers and many legal experts.
The former British colony and financial powerhouse returned to Chinese
rule in 1997 with promises that it would enjoy a high degree of
autonomy and keep its way of life intact.
But Beijing has already tinkered with the city’s constitution twice
since the handover of power, fuelling fears that it is increasingly
meddling in Hong Kong’s affairs.
Beijing interpreted Hong Kong’s constitution in 1999 to stop a flood of
Chinese immigrants and again in 2004, ruling out universal suffrage for
the tiny territory for several more years despite huge pro-democracy
demonstrations.
Both times, Beijing’s actions caused a huge international outcry with legal experts saying they undermined the rule of law.
TWISTING THE LAW?
Hong Kong’s government had long held the view that any chief executive
would serve five years, but said last month it changed its mind after
seeking the views of mainland China legal experts.
Sources say Tsang has the blessings of Chinese leaders to win the
election but some Beijing loyalists remain suspicious of the civil
service veteran’s long ties with the former British regime.
By limiting Tsang’s term to two years, Beijing will be able to test his
loyalties and appease its own supporters who want to field candidates
for a scheduled election in 2007, analysts say.
Pro-democracy lawmakers and many lawyers accused Hong Kong’s government
of bending the law, bowing to the wishes of Beijing and inviting China
to interfere in the city’s affairs.
"The law says it’s five years, the government has always said that the
law is five years. Because of political reasons, the government is now
slapping its own face, changing its own tracks," said Audrey Eu, a
prominent lawyer and lawmaker.
"What can be more improper than trying to twist the law? When a
government doesn’t respect itself, doesn’t respect the law, what can
you say to such a government?"
The chairman of the Democratic Party, Lee Wing-tat, said: "This is the
third time that Beijing is reinterpreting the law, it will seriously
damage Hong Kong’s rule of law."
But Wang Zhenmin, a legal expert in mainland China, said
interpretations by China’s parliament on Hong Kong’s constitution did
not amount to interference in the city’s affairs.
"Interpretations by the NPC is a new part of… Hong Kong’s legal
system. It is a way to solve problems," Wang said in an interview with
Cable Television.
Two people, including a maverick democrat lawmaker, applied to the
courts this week challenging the decision to limit the next leader’s
term to two years.
The next leader will be selected not by the city’s nearly 7 million
residents, but by a Beijing-sanctioned electoral college of 800 people.
If the constitution remains unchanged, analysts say the lawsuits could
delay the July 10 election until the matter winds its way through the
courts, a process that could take months, possibly creating a political
vacuum.
Yan Sham-Shackleton Online 