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With Hong Kong edging toward a possible
constitutional crisis, Donald Tsang and his team are uncertain about a number
of key issues related to succession under the Basic Law.
In his first appearance before Legco as Acting Chief Executive, Tsang left many
questions unanswered over the thorny issue of how to handle the transfer of
power to a new chief executive.
The one thing the government is certain of, at least so far, is that the next
chief executive's term will be just two years.
Despite warnings that the two-year tenure is vulnerable to legal challenge in
the form of a judicial review, Tsang insisted he did not want to resolve the
dispute through another Basic Law interpretation.
He warned those who might launch a judicial challenge to take into account the
interests of Hong Kong.
"My first priority is to ensure the next chief executive can be elected on July
10 without any hiccups,'' he said. Independent lawmaker Albert Chan declared
his intention to take the government to court once it has completed the
amendment to the Chief Executive Elections Ordinance in June while Audrey Eu,
of the Article 45 Concern Group, said the government should not "distort'' the
Basic Law for the sake of political expediency.
Tsang reiterated that he cannot stop any Hong Kong citizen from challenging the
government's decision.
``I believe that the Hong Kong courts will not allow this case to drag on
indefinitely,'' Tsang said. ``I trust that the local courts will see the
urgency of this case and give it first priority.''
The last time the government tried to rush a case through the courts, in the
challenge to the Link Real Estate Investment Trust late last year, it was
rebuffed and the case is still pending.
Other issues also remain.
If the next chief executive just fills out the remainder of Tung's abandoned
term, does that mean his successor - presumably Tsang - could serve two full
terms beyond that for a total of 12 years? What if there is another early
departure of a chief executive before 2007?
Speaking at a special session of the Legislative Council's House Committee
Tsang, justice chief Elsie Leung and constitutional affairs boss Stephen Lam,
had no answer for lawmakers on either question Tuesday.
``We know there is a vacuum period between the term of the current Election
Committee and the second term of the chief executive. There will be no problem
if between July this year and July 2007, there aren't any other chief executive
elections,'' Leung said.
Lam said he is aware of the problems and would study the issues with the central
government.
``The issue surrounding this vacuum period cannot be resolved by the SAR
government alone,'' he said.
Tsang said his adminstration is determined to overcome any obstacle to ensure
that Tung's successor will be elected on July 10, shortly before the current
800-strong Election Committee is dissolved, to serve out the remaining two-year
term left by Tung.
Leung pointed out that under Basic Law the term of office of the current
Election Committee is five years and it is responsible for electing a chief
executive until 2007. Hong Kong is divided on the length of office of Tung
Chee-hwa's mid-term replacement since the Basic Law stipulates the length of
the chief executive's term shall be five years and that he or she may serve for
not more than two consecutive terms.
Tsang defended the decision to support Beijing's call for a two-year term for
the next chief executive. After Leung consulted mainland Basic Law drafters,
Tsang said, they agreed that the partial term should be two years, in line with
both the ``original intent'' of the drafters and ``mainland practice.''
Lawmaker Albert Cheng hit out at Leung, saying: ``If your principle is valid,
since Tung was elected by this Election Committee, it means it will elect
another Tung and his policies cannot be overturned by his successor. Then
what's the point of Tung's departure? How about we retain Tung who has stirred
up fierce public discontent?'' he said.
Tsang also said he is still undecided about whether to run as chief executive,
but that if he does, he will resign from the post of Chief Secretary for
Administration before June 5, and Financial Secretary Henry Tang will take over
as acting chief executive during the election period.
cannix.yau@singtaonewscorp.com
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