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Basic Law review will apply only to current chief executive vacancy: official

Jimmy Cheung

The state legislature's interpretation of the Basic Law on the chief executive's term is a one-off ruling that will apply only to the current vacancy, a senior mainland official said yesterday.

If a similar situation arises after 2007, the term of office will be determined using the election method that will be formulated through the 2007 constitutional review.

This explanation of the interpretation was given by the National People's Congress Legislative Affairs Commission vice-chairman Li Fei as the NPC Standing Committee began a four-day meeting at which the interpretation to limit the term of Tung Chee-hwa's successor to two years tops the agenda.

It is believed the interpretation will not rule on the maximum years - 10 or 12 - that the incoming chief executive can serve.

While anti-interpretation protesters took to the streets yesterday, one Standing Committee member warned that opposing its ruling was tantamount to breaking the law.

'The interpretation has absolute legal authority. Once it has been made, opposing it will be unlawful,' said Tsang Hin-chi.

Mr Tsang's remarks were apparently aimed at the afternoon protest, which organisers said involved 1,500 people.

The protesters marched from Chater Garden to the Central People's Government's Liaison Office in Western in a show of anger over what they see as interference and damage to the rule of law.

But the protest, the second over the past week, is unlikely to stop Beijing from ruling on a two-year term instead of five years as written in the mini-constitution.

In his explanation of the interpretation, Mr Li said the term of office for the new chief executive could not exceed 2007 as the Basic Law limits the first 10 years to two five-year terms of office. If the Basic Law were amended to provide for changes to the chief executive election in 2007, the tenure for vacancies arising thereafter would follow the electoral methods as determined by that amendment, he said. He added that limiting the term of the incoming chief executive to the remainder of Mr Tung's term would allow Hong Kong to move towards democracy gradually after 2007 as planned.

The Standing Committee is expected to hold discussions on the interpretation in groups today, followed by a formal vote in support on Wednesday.

Meanwhile, a delegation of the Hong Kong Law Society arrived in Beijing yesterday for a four-day visit. The society said the interpretation controversy would not be the main focus, but members would express the view that the interpretation was unnecessary.

Separately, the Hong Kong Research Association said its recent surveys showed more and more people endorsed the interpretation to ensure the chief executive election on July 10 would not suffer a 'miscarriage.'

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