Hong Kong courts have no power to consider successor's tenure, says scholar

Hong Kong's courts are not empowered to consider how long Tung Chee-hwa's successor should serve, since the power to interpret Basic Law provisions on the political structure is vested in the central authorities, a mainland scholar said.

Rao Geping , senior research fellow with the Institute of Hong Kong and Macau Affairs, told the South China Morning Post that the method for electing the chief executive, including a successor to one who left office prematurely, was related to Hong Kong's political structure.

'It's not a matter simply within the limits of the autonomy of the special administrative region,' he said.

The Peking University academic said: 'Hearing cases on the term of the chief executive exceeds the limits of power enjoyed by the courts of Hong Kong.'

Pro-democracy lawmakers are considering seeking a judicial review to determine the term of Mr Tung's successor if Beijing decides the new chief executive will only serve out the remaining two years of the incumbent's tenure.

Professor Rao, who on Monday said the National People's Congress Standing Committee did not need to interpret the Basic Law again, believed judges in Hong had rich experience and legal knowledge and would make a wise decision on the issue.