The fans of interpretation are at it again. Some are insisting that the Basic Law is unclear on the length of term of a chief executive elected to replace one who has resigned. They say that the National People's Congress Standing Committee must clarify the point through an interpretation.
Since there is absolutely no foundation for this view, one can only assume that they see some political advantage in having a fresh election in 2007, in addition to another one this year, which would probably see Chief Secretary Donald Tsang Yam-kuen voted in. They are willing to drive a cart and horses through their beloved Basic Law for political expediency.
There can be no doubt that Article 46 stipulates a five-year term for anyone elected chief executive, regardless of the circumstances in which the election takes place. The mini-constitution provides four grounds for the premature termination of tenure: resignation, two situations of persistent conflict with the Legislative Council (Article 52), and impeachment endorsed by the central government. There is also an unstated, fifth reason: death. Nowhere does the Basic Law say that a successor, following new elections, would hold office for only the remainder of the term.
A successor is appointed for the remainder of a term in very few countries, and then only where the constitution expressly provides for this. It may be, as in the US, because a president is succeeded by the vice-president, who has no mandate of his or her own. Or it may be considered important, for some reason, that elections are held at a specified point in the calendar.
Neither rationale is relevant in Hong Kong - and there are many reasons why this rule should not apply here.
The chief executive's office is extremely important for the good governance of Hong Kong, as well as amicable relations with Beijing. Stability in the post, and the authority that comes with it, are critical to policy development and implementation. It can take a new chief executive the better part of a year to fully understand the responsibilities of the office, master the intricacies of administration and establish relations with a host of constituencies and interest groups.