HK constitutional law must not be amended lightly: Secretary Lam

The government has rejected a proposal that it consider amending the Basic Law, to unify procedures for voting on bills introduced by the government and those introduced by legislators.

Under the system of so-called split voting, government bills require an overall majority to pass. Bills moved by legislators on the other hand must win separate majorities in both the geographical and functional constituencies.

The question was raised by legislator Leung Ka-lau during yesterday's meeting of the Legislative Council (LegCo).

Stephen Lam, the Secretary for Constitutional and Mainland Affairs, said the government will not consider any change in the mechanism.

"According to Article 68 of the Basic Law, the procedures for voting on bills and motions in the LegCo are prescribed in Annex II to the Basic Law. Annex II to the Basic Law has prescribed the relevant procedures. The Basic Law is the constitutional law of the Hong Kong SAR and should not be amended lightly," Lam said. "Moreover, the decision of the Standing Committee of the National People's Congress on December 29, 2007 has made it clear that the procedures for voting on bills and motions shall remain unchanged for the LegCo formed in 2012."

Legislators also rejected a motion advanced by opposition lawmaker Audrey Eu, chairperson of the Civil Party, urging people to vote in the upcoming by-elections to create a "referendum" calling for early implementation of universal suffrage.

The by-elections were precipitated by the resignation of five opposition lawmakers, whose stated purpose was to turn the vote into a de facto "referendum".

Eu's motion was defeated 18 to 4 in the functional constituencies and 11 to 7 by members in the geographical constituencies.

Lam said he thinks the by-elections should have been avoided. He added that the government will go ahead with the by-elections in accordance with the Basic Law, however.

"This by-election will be very different from other by-elections," Lam said. "It is not an election that is necessary. This one is an artificial election."

"The SAR government does not recognize the referendum," he added.

(HK Edition 03/04/2010 page1)