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 From Hong Kong's Information Services Department
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March 17, 2004
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Constitutional development
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Beijing empowered to oversee HK political structure
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The Central Government has powers and responsibilities under the Chinese Constitution to oversee the development of Hong Kong's political structure, Secretary for Constitutional Affairs Stephen Lam says.

 

He told legislators tonight that the powers and roles of the Central Authorities in this respect were not limited to those specified in Annexes I and II of the Basic Law.

 

"The Chinese Constitution provides the legal foundations for the nation and holds legal effect of the highest order. It symbolises national sovereignty. The Basic Law provides in the preamble that it was enacted in accordance with the Constitution of the People's Republic of China. The National People's Congress established the HKSAR and decided on the systems of the HKSAR in accordance with Articles 31 and 62 of the Constitution respectively," Mr Lam said.

 

"In enacting the Basic Law, the congress prescribed the systems to be practised in Hong Kong. This set of systems included the political structure of Hong Kong."

 

Set up of research institute 'natural'

Responding to some legislators' concern on whether there was duplication of efforts between the HK & Macau Affairs Research Institute and the Constitutional Development Task Force, Mr Lam said institute's establishment underlines the importance which the Central Authorities attach to the future development of Hong Kong.

 

"As the Central Authorities care much about Hong Kong's development, it is very natural they would wish to conduct more research through different channels. However, if there is any need to follow up on the issue of constitutional development within Hong Kong, it will still be up to the HK Government to take the matter forward," he said.

 

US trip 'inappropriate'

Speaking on the recent trip by some legislators to speak in US on Hong Kong's constitutional development, Mr Lam said the issue is part of China's internal affairs and the Central and HK Governments will address it in accordance with the principles and provisions of the Basic Law.

 

"As in the case of Principal Officials when assuming office, Legislative Council Members must swear to uphold the Basic Law and swear allegiance to the HKSAR. We have difficulty in understanding why members should appear before a foreign legislature and give evidence on a matter which falls within our internal affairs. We consider their decision to be inappropriate."