Secretary for Constitutional and Mainland Affairs Stephen Lam said yesterday it is the Basic Law's legislative intent to exclude deputy directors of bureaus and political assistants from any nationality restriction.

Lam made the remark when answering a question from lawmaker Martin Lee in yesterday's Legislative Council question-and-answer session.

Lam was referring to a recent controversy about whether deputy directors and political appointees should be prohibited from having right-of-abode in a foreign country as in the case of all secretaries and bureau directors.

Secretary for Constitutional and Mainland Affairs Stephen Lam answers questions at the Legislative Council yesterday. China Daily

He said the Draft Basic Law for Solicitation of Opinions released in 1988 had considered requiring "only Chinese nationals among permanent residents of the Region" to fill the posts of "Deputy Directors for Security and for Civil Service".

However, such references were taken out from the relevant provision in the Basic Law promulgated in 1990.

"The legislative intention of the Basic Law is clear that only secretaries and deputy secretaries of departments, directors of bureaus, and a number of other department heads are required to be filled by Chinese citizens among permanent residents of the Region with no right of abode in any foreign countries," Lam said.

Lam also pointed out that the report on further development of the political appointment system issued by the government last October stated that deputy directors of bureaus are not principal officials and they do not need to be appointed by the Central People's Government.

He added that it does not contravene the Basic Law for under secretaries to be the acting secretaries in the absence of secretaries.

"They are still not 'principal officials', and such arrangement is only an administrative measure," Lam said.

Lam added it is unfair to doubt their integrity and commitment simply because they hold a foreign passport.

Lam pointed out the fact that the Basic Law allows 20 percent of the 60 Legislative Councillors to have foreign citizenship.

"Some Hongkongers who have Chinese citizenship return to Hong Kong to serve the society after studying or living abroad. Why not?" he asked.

Addressing the other controversy about whether salaries of individual appointees should be revealed, Lam listed out the monthly salaries of under secretaries and political assistants, stopping short of naming names.

Four deputy directors of bureaus, according to his figures, receive a monthly salary of HK$208,680 each, or 70 percent of a bureau director's remuneration.

Each of the other four get HK$223,585 each month, or 75 percent of a director's pay.

Seven of the political assistants receives a monthly salary of HK$134,150, representing 45 percent of a director's salary.

One gets 50 percent of a bureau director's remuneration, or HK$149,055 each month.

The monthly salary of the remaining one is HK$163,960, 55 percent of a director's pay.

Lam said the remunerations are weighed according to the appointees' working experience and capability.

(HK Edition 06/05/2008 page1)