Ensure clarity in HK Basic Law
 Updated: 2004-04-05 08:41

During panel meetings on Saturday, the Standing Committee of the National People's Congress (NPC), China's top legislature, engaged in extensive and in-depth discussions on the draft interpretations on Clause 7 of Annex I and Clause 3 of Annex II of the Hong Kong Basic Law.

Members all agreed that as Hong Kong society has different understandings of the related provisions, it is essential and imperative to make such interpretations for the purpose of reaching consensus, ensuring Hong Kong's constitutional system develops in line with the Basic Law, and maintaining the long-term prosperity and stability of the region.

The national legislature's interpretation of the provisions concerning how the chief executive and local lawmakers are chosen is an implementation of its responsibility granted by the Constitution and the Basic Law, lawmakers said.

Some members of the Standing Committee noted that different perceptions of the Basic Law have to do with the accurate understanding of the "one country, two systems" policy and full implementation of the Basic Law.

It is a matter of principle and essence, rather than sidebars and minor particulars.

Some committee members said the election of the chief executive and the Legislative Council in Hong Kong are an essential part of Hong Kong's constitutional system, which has a bearing on the relationship between the central government and the HKSAR, and it is up to the NPC Standing Committee to make that interpretation.

The interpretation would help do away with doubts, quell disputes, reach common social consensus, better implement the Basic Law, ensure the sound development of Hong Kong's constitutional system and maintain the long-term prosperity and stability of Hong Kong.

Members of the NPC Standing Committee unanimously held that the legislature has full constitutional and legal foundation to interpret the Basic Law. China's Constitution specifies the NPC Standing Committee is entitled to interpret law, and the Basic Law provides that the power of interpreting Hong Kong's Basic Law shall be vested in the NPC Standing Committee.

China's law on legislation also stipulates interpretation of law should be made by the NPC Standing Committee. In the face of different understandings of law, the NPC Standing Committee has the power and obligation to make concerned interpretations in a bid to ensure the correct implementation of law.

As Hong Kong society has disputes over the understanding of the concerned stipulations in Annex I and Annex II, the Standing Committee of NPC should fulfil its duty and make the interpretation, lawmakers said.

Some members said to administer Hong Kong in accordance with law has been an important component of the national policy on the rule of law. Such interpretations to unify different understandings of the Basic Law are a crucial measure in the implementation of the Basic Law and a sounder reflection of the "one country, two systems" policy, they said.

Lawmakers unanimously agreed the work of drafting the interpretations has been carried out in conformity with the law and in a democratic manner. Extensive, in-depth and sound research and consultations have been made.

After the draft interpretations were proposed at a meeting of the chairman and vice-chairpersons of the NPC Standing Committee, the HKSAR Basic Law Committee under the NPC Standing Committee was consulted. A meeting was also held in Shenzhen to solicit suggestions from a special constitutional development task force in the HKSAR government, NPC deputies from Hong Kong and members of the Standing Committee of the Chinese People's Political Consultative Conference, as stipulated by the Basic Law.

Lawmakers said the whole procedure complied with the law to the letter.

All members of the NPC Standing Committee spoke highly of the draft interpretations and suggested they be put to vote when the session concludes tomorrow.

They said the draft interpretations, which cover the issues of common concern in Hong Kong, are concise, simple yet clear, and clarify the implications of the relevant provisions.

The draft interpretations reflect the original legislative intention of the Basic Law and the principle of "one country, two systems," as well as show the central government's constant policies towards Hong Kong, which completely conform to the Basic Law, they said.

"The interpretations are fair, reasonable, in line with the law and consistent with the pace of constitutional development in Hong Kong," one said, adding that "they are absolutely correct as they go back to the very original intention of the Basic Law."

The guideline that the central authority has a final say on where the constitutional development in Hong Kong will go has been reflected in the draft interpretations, they noted.

Lawmakers were unanimous in the view that Hong Kong people have enjoyed unprecedented democratic rights since the region returned to the motherland in 1997, which they must cherish.

The "one country, two systems" principle has been fully implemented and Hong Kong is administered by Hong Kong people themselves with a high degree of autonomy while they have participated in the work of the country's supreme power of State by electing their own deputies to the NPC, lawmakers added.

They went on to say that the NPC Standing Committee's interpretations on the relevant Basic Law provisions are following the principles set forth by the Basic Law to develop democracy in Hong Kong in a reasonable and progressive manner, featuring balanced participation of people from all segments of society, and will further safeguard the democratic rights of Hong Kong residents.

Hong Kong people should seize the opportunity to further increase and improve public awareness of the Basic Law by taking advantage of the formulation of these interpretations so as to better safeguard the authority of the Basic Law, they said.

Xinhua

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