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Gary Cheung

Government should show discipline in observing provisions, says local deputy

Hong Kong could be ordered not to repeat actions the NPC Standing Committee considers do not conform to the Basic Law, a local deputy to the mainland's top lawmaking body says.

Raymond Wu Wai-yung said the committee could order the government to rectify actions it considers contravene the mini-constitution or interpret the relevant provisions after carrying out a review.

Xiao Weiyun, a mainland drafter of the Basic Law, told a forum in Hong Kong two weeks ago that no-confidence votes against principal officials breached the Basic Law.

In an editorial yesterday, Ta Kung Pao called on local deputies to  put forward a bill at the annual sessions of the National People's Congress next month on examining enforcement of the Basic Law.

Peter Wong Man-kwong, a local deputy to the NPC, plans to raise the proposal at the sessions.

Priscilla Leung Mei-fun, an associate professor with City University's school of law, said the committee could order Hong Kong to rectify mistakes in enforcing laws or issue legislative interpretations on provisions of the laws.

'For instance, the Standing Committee may declare that no-confidence votes against principal officials are inconsistent with the Basic Law,' she said.

Dr Wu said there had been cases of non-compliance with the Basic Law over the past six years, but  declined to give examples.

'It is better for the Hong Kong government to exercise self-discipline in observing the Basic Law than being monitored by external bodies,' he said.

'But if fellow NPC deputies put forward a bill at next month's meeting, I will support them.'

Both Dr Wu and Dr Leung said there was no need for Hong Kong to copy the mainland model of examining the enforcement of laws.

'The Standing Committee and the Hong Kong community may identify major issues in the Basic Law concerning the relationship between the central and special  administrative region government and then launch discussions on the issues concerned,' Dr Leung said.

Ng Hon-man, a Hong Kong member of the Basic Law Committee,  disagreed with the idea of the NPC Standing Committee monitoring enforcement of the Basic Law.

He said the moves would arouse suspicions of interference in the internal affairs of Hong Kong.

'The Basic Law has been implemented quite well after the handover. I don't see any serious problem, although there are some different views on some issues.'

Li Gang, deputy director of the central government's Liaison Office in Hong Kong, said the Hong Kong government had been doing a good job in enforcing the Basic Law and was acting in accordance with the mini-constitution. But he said it was necessary to step up promotion of the Basic Law.

Last night the government said it would continue its efforts to promote the mini-constitution.



'NPC could force HK to abide by the Basic Law'