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The looming departure of Tung Chee-hwa is fueling
a cottage industry of discussion, speculation and interpretation on the way
forward among local and mainland legal experts.
The only thing everyone seems to agree on is the question of how long a
successor will serve remains so far unresolved.
At issue are murky clauses in the Basic Law over succession, the extraordinary
nature of the present dilemma and differences between Hong Kong's system and
the way things are done on the mainland.
Legal experts say provisions in the Basic Law do not clearly state whether, in
this event, the new chief executive will only serve out the remaining term.
However, Basic Law drafter and University of Hong Kong law professor Albert Chen
insists the mini-constitution and the Chief Executive Election Ordinance
stipulate the term for a chief executive is five years.
He said there are no exceptions and consequently a chief executive elected this
year will serve until 2010.
Legal sector lawmaker Margaret Ng also said the term of all chief executives is
five years.
``The issue was studied when drafting the Chief Executive Election Ordinance.
The term will be five years and this is unquestionable. The Basic Law will need
to be amended should the term be only two years,'' she said.
Hong Kong could seek an interpretation of the Basic Law to clarify the terms of
office for the chief executive, Chinese University Institute of Asia-Pacific
Studies' Timothy Wong said.
He said the impact on the community will be minimal if the interpretation of the
Basic Law only covers procedures.
``The Basic Law is unclear and needs to be interpreted. This should not have any
major political impact,'' he said.
But Liberal Party chairman James Tien said if Tung quits now, his successor
should only serve until 2007.
Pro-Beijing Democratic Alliance for the Betterment and Progress of Hong Kong
chairman Ma Lik said it is common practice on the mainland that the replacement
only serves out the remaining term if a government office becomes vacant.
Renmin University's Taiwan, Hong Kong and Macau Research Center director Zhang
Tongxin said in the case of a provincial governor stepping down, a successor
only serves out the remaining term, and the SAR could follow such a practice.
Tsinghua University law school vice dean Wang Zhenmin said given the
uncertainties, it will take time to properly address the issue.
Wang said if the next chief executive is to serve a new five-year term, the
three top secretaries and 11 policy secretaries might have to step down, and
the new chief executive would have to appoint a new cabinet.
Chinese University political scientist Ivan Choy said if Chief Secretary for
Administration Donald Tsang is elected to succeed Tung, some of the secretaries
may quit. ``Tsang started his career as a civil servant and does not have a
long established friendship with secretaries appointed from outside the civil
service sector,'' he said.
Secretary for Education and Manpower Arthur Li and Secretary for Health, Welfare
and Food York Chow come from outside the civil service.
Choy expects Tsang to hire some retired civil servants for his
cabinet.teddy.ng@singtaonewscorp.com
michael.ng@singtaonewscorp.com
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