Tung: China's top legislature interprets Basic Law according to Constitution, Basic Law

www.chinaview.cn 2004-03-27 00:49:01

HONG KONG, March 26 (Xinhuanet) -- Hong Kong Chief Executive Tung Chee Hwa said that it is legitimate for China's top legislature --the Standing Committee of the National People's Congress (NPC) to interpret the Basic Law according to the Constitution and article 158 of the Basic Law.

Tung made the remarks at a press conference held Friday evening.

He said the Hong Kong Special Administrative Region (HKSAR) government was duly notified by the central government that China's top legislature will deliberate a draft interpretation of Clause7 of Annex I and Clause 3 of Annex II of the Basic Law in its next meeting from April 2 to April 6.

He said a meeting of the NPC Standing Committee chairman and vice-chairmen Friday decided to collect views of the Basic Law Committee of Hong Kong SAR under the NPC Standing Committee on the draft interpretation.

Tung said the central government has stated that the constitutional development of Hong Kong concerns the full implementation of the Basic Law and "one country, two systems," concerns interests of various strata and sector of the community of Hong Kong, as well as the long-term prosperity and stability of Hong Kong.

China's top legislature's discussion of the constitutional development indicated that the central government has been attaching great importance to the issue, he added.

Tung said, constitutional development is a complicated and serious issue, concerning the basic interests of the whole nation and Hong Kong as well.

He said, in the past two months, the Constitutional Development Task Force has promoted extensive discussion among the community on the issue. The community does have a wide range of opinions on the issues of legislative process.

He said the task force will meet members of the NPC Standing Committee to reflect the views of the public on the issues of legislative process collected in the past two months and the position of the HKSAR government on these issues.

Backgrounder: HK Basic Law clauses to be interpreted by top legislature

www.chinaview.cn 2004-03-26 20:36:04

BEIJING, March 26 (Xinhuanet) -- China's top legislature will deliberate a draft interpretation of Clause 7 of Annex I and Clause 3 of Annex II of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) in its next meeting from April 2 to 6.

Clause 7 of Annex I of the Basic Law says: "If there is a need to amend the method for selecting the Chief Executives for the terms subsequent to the year 2007, such amendments must be made with endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for approval."

Clause 3 of Annex II regards the method for the formation of the Legislative Council and its voting procedures after 2007. It says: "With regard to the method of forming the Legislative Council of the Hong Kong Special Administrative Region and its procedures for voting on bills and motions after 2007, if there is a need to amend the provisions of this annex, such amendments mustbe made with the endorsement of a two-thirds majority of all the members of the Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for the record."

Interpretation of Basic Law aims at ending confusions: article

www.chinaview.cn 2004-03-26 18:13:41

BEIJING, March 26 (Xinhuanet) -- A signed article by Wang Zhenmin was published Friday to support the interpretations, by the Standing Committee of the National People's Congress, China's top legislature, on Annex I and Annex II of the Basic Law of the Hong Kong Special Administrative Region.

The main points of the article, named "The Necessary Action for Governing Hong Kong by Law", are as follows:

Since last July, the Hong Kong community has conducted a wide-ranging discussion on the issue of the political development of Hong Kong, with the emerging of quite different understandings about relevant provisions concerning annexes of the Basic Law, including quite a number of comments that are positive and active as well as a few views that are not compliant to the principle of "one country, two systems" and the original meaning of the Basic Law. In order to clarify some major issues of principle, it is extremely necessary and completely compliant with the Constitution,as well as the Basic Law, for the NPC Standing Committee to give interpretations on Article 7 of Annex I and Article 3 of Annex II of the Basic Law.

Making interpretations of the Basic Law by the NPC Standing Committee is completely compliant with the Constitution and the Basic Law. Under the constitutional structure of China, the NPC Standing Committee is not only a legislative body but also has the power to make interpretations on Constitution and laws, and it is the organization that exercises the supreme legislative power during the adjournment of the NPC. The power to make interpretations on the Constitution and laws is one of the important powers given to the NPC Standing Committee by the Constitution, and it is a necessary means of the NPC Standing Committee to exercise its duty endorsed by the Constitution to supervise the implementation of the Constitution and laws. In some countries and regions, the legislature is only responsible for stipulating laws, while the duty to make interpretations on laws belongs to the court. China has a different constitutional system.The NPC Standing Committee's interpretations of the Constitution and laws is a way for the supreme legislative body to implement the Constitution to exercise the country's sovereignty. It is by this constitutional principle, Article 158 of the Basic Law clearly defines, "The power of interpretation of this law shall be vested in the Standing Committee of the National People's Congress."

There is a need for the NPC Standing Committee to exercise its power to interpret the Basic Law so that the principle of "one country, two systems" and the Basic Law could be carried out comprehensively and accurately.

A national law made by the NPC, the Basic Law is not only superior to laws of the HKSAR but should also be implemented across the country. The making of the Basic Law is an unprecedented move. It is natural that there are differences in understanding the provisions of the Basic Law. When necessary, the NPC Standing Committee will exercise its power of interpreting the Basic Law and unify understanding of the Basic Law, which is very important in ensuring the comprehensive and accurate implementation of the "one country, two systems" principle and the prosperity and stability of Hong Kong.

It needs to be pointed out that interpretations of certain provisions of the Basic Law made by the NPC Standing Committee in accordance with the law has the same kind of power as the Basic Law itself, and should be abided by and implemented by various parties.

The state is carrying out a fundamental national policy of ruling the country by law, and governing Hong Kong in accordance with the Basic Law is an important part of it. The crucial part of governing Hong Kong in accordance with the law is to abide by the Constitution and the Basic Law in handling various affairs.

In interpreting relevant clauses of the annexes of the Basic Law, the NPC Standing Committee aims to put an end to confusions and differences and further push forward comprehensive implementation of the "one country, two systems" principle and the Basic Law. It is an imperative move for administering Hong Kong in accordance with the law.