The dubious ruling explained by Secretary for Justice Elsie Leung Oi-sie on the election of the chief executive ('Democrats vow to fight Basic Law 'U-turn'', March 13) was obviously made by people in the central government, implying a breach of 'one country two systems'.
Hong Kong's so-called high degree of autonomy implies that the capable administrative, legislative and legal authorities of Hong Kong would be the first to decide on such an important matter as the interpretation of the Basic Law about the election of the chief executive. If there was any major discrepancy between Hong Kong's decision and the principles expressed in the Basic Law, or any serious disagreement with the chosen procedure by the 'powers that be' in Beijing, then it would be the central government's prerogative to challenge and enforce the 'one country' part of the 'two systems' principle.
In fact, such an interpretation was implied in Legco in the article 'A new way to duck succession question' (March 12), which reports the secretary for constitutional affairs saying last May: 'The term of the office of the chief executive, as prescribed in the Basic Law, is five years. This provision applies to any chief executive. There is no exception.'
If Ms Leung was really in control of her department, she would have been able to offer a correction to this interpretation well before Beijing had made the decision for her by circulating rumours. But now she has decided to rule on Hong Kong's 'rule of law' by deciding in favour of these Beijing rumours.
As with several of her rulings, I find this one quite questionable, and indeed contrary to previous implied interpretations. This ruling has not yet been tested in Hong Kong courts. I suggest that the legal challenge to the Link Reit will be a minor event in comparison to the challenges that will now be launched. So where do I queue to join a 'class action' suit to challenge this decision in the courts?
A long-time resident, I have great respect for Hong Kong's legal system, and great admiration for Donald Tsang Yam-kuen as an administrator. Let's hope that events over the next 120 days will not tarnish those views. But perhaps it is going to be a long hot summer for Hong Kong.
