Hong Kong is no longer capable of resolving the problem, according to a wide array of lawmakers and political sources who have spoken with Tsang.

The Executive Council is expected to endorse the government's decision at a special meeting to submit a report to the State Council asking Beijing's governing body, the National People's Congress Standing Committee, to interpret Hong Kong's mini-constitution.

The issue deals with whether the incoming chief executive will merely serve out the rest of Tung Chee-hwa's term, or whether they should stand for a full five-year term when the election committee is convened July 10.

The government's report will state that the next leader should serve out only the remainder of his predecessor's term even though Article 46 of the Basic Law says the chief executive's term shall be five years, sources say.

The Standard reported last Saturday that the government will announce the decision today to give the Standing Committee sufficient time to consult the SAR Basic Law Committee before going ahead with the interpretation at its bi-monthly meeting between April 20 and 25.

The move seeks to pre-empt a potential judicial review and constitutional crisis over the election.

On Monday, unemployed man Carl Ching applied for a judicial review on the government's proposed legislative change to the next leader's tenure.

Independent lawmaker Albert Chan is also expected to launch a legal challenge this morning.

The government backed away from bringing the issue to the Hong Kong courts because the local judicial system will be put to a controversial political test while the complex legal proceedings might put the election on hold, resulting in a leadership vacuum.

At today's Legco meeting, Tsang is expected to warn that such a leadership crisis is something Hong Kong can ill afford.

Tsang will cite two articles of the Basic Law - the same as those used by the government in 1999 when it first asked Beijing to resolve the right of abode issue - to justify the government's right to request the Standing Committee to tinker with the mini-constitution.

That is because under Article 158, only the Standing Committee or local courts may seek a Basic Law interpretation.

Tsang is expected to argue that under Article 43 and Article 48 (2), the government has no option but to seek assistance from the Standing Committee.

In the report, Tsang is expected to point out that public views have diverged sharply over the legislative intent of the next leader's tenure, with democratic legislators and local legal experts accusing the government of distorting the Basic Law for political expediency.

The sources say Tsang will explain that since this issue concerns the relationship between the central government and Hong Kong, which is outside the jurisdiction of local courts under Article 158, the Court of Final Appeal will eventually ask the Standing Committee to resolve the issue and an interpretation is inevitable.

Tsang is also expected to say that public opinion is overwhelmingly in favor of an early resolution of the issue because the chief executive's election is of utmost urgency and a Basic Law interpretation will be the fastest way.

In the following days, the State Council will decide whether to endorse the interpretation request and then pass it to the Standing Committee. If the committee's chairman decides to put it on the agenda for its meeting between April 20 and 25, it can start consulting the SAR Basic Law Committee on the interpretation proposal.

It will then vote on the decision during its meeting and make an ``appropriate'' interpretation.

Legislator Tam Yiu-chung of the Democratic Alliance for the Betterment and Progress of Hong Kong, said the government will make a statement in Legco today which he guessed will announce the intention to seek the NPC Basic Law interpretation.

``Whether the issue is left to local courts or the government to tackle, a Basic Law interpretation is inevitable because it concerns the relationship between the central government and Hong Kong,'' he said.

``I think it is better for the government to seek an interpretation because it will have better timing control to cater for the chief executive's election. If we wait for the Court of Final Appeal to give its ruling, it may be too late for the election,'' Tam said.

He also dismissed criticism that the move may damage the rule of law.

``This is in accordance with the Basic Law, which states that the NPC Standing Committee has the right to interpret the mini-constitution, especially about affairs concerning the relationship between Hong Kong and the central government.'' cannix.yau@singtaonewscorp.com