Albert Chan's decision appears to make interpretation of Basic Law inevitable
An interpretation of the Basic Law by the nation's top legislature appears inevitable after a pro-democracy lawmaker yesterday vowed to seek a judicial review of changes to a law on the chief executive's term.
Wang Zhenmin , deputy dean of Tsinghua University's law school, said an interpretation of the mini-constitution by the National People's Congress Standing Committee would be the best course of action in the wake of a legal challenge to the amended Chief Executive Election Ordinance.
If the Standing Committee stepped in, Hong Kong judges would not have to face the political pressure of handling the issue, Professor Wang said.
His remarks came hours after legislator Albert Chan Wai-yip said he would seek a judicial review of the government's amendment to the Chief Executive Election Ordinance stipulating that the new chief executive shall serve the remainder of his predecessor's term.
The amendment bill, which was gazetted yesterday, provides that the term of a chief executive who fills a vacancy 'that arises otherwise than due to expiry of term of office shall last until such expiry'. The bill is due to be introduced to the Legislative Council on April 6.
Secretary for Justice Elsie Leung Oi-sie said Hong Kong's courts must ask the Standing Committee for an interpretation before making judgment if they were interpreting provisions of the Basic Law that concerned affairs that were the responsibility of the central government or the relationship between the central authorities and Hong Kong. The appointment of the chief executive fell into both categories.
