China's top legislature said it is up to the Chinese central authorities to decide whether or not it is necessary to amend the methods for selecting the Chief Executive and forming the Legislative Council in Hong Kong.

Speaking at a press briefing in Beijing today, the Deputy Secretary General of the Standing Committee of the National People's Congress, Qiao Xiaoyang, said if there is a need for such change, Hong Kong's Chief Executive must submit a report to the National People's Congress Standing Committee.

It will then decide on the Chief Executive's report "in accordance with the provisions in Articles 45 and 68 of the Hong Kong Basic Law and on the basis of the actual situation in Hong Kong and the principle of gradual and orderly progress."

'Universal suffrage our ultimate goal'

Mr Qiao was outlining the interpretations the Standing Committee had adopted at the end of its five-day 8th meeting for Clause 7 of Annex I and Clause 3 of Annex II of the Hong Kong Basic Law. They involve issues on amending the existing methods for selecting the Chief Executive and forming the Legislative Council in Hong Kong, as well as the procedures for voting on bills and motions in the Legislative Council.

Mr Qiao compared the constitutional development process with bridge building. If people want to cross a river, he said, they need to construct a bridge. Different people will view the plans for the bridge in different ways, and not everyone will have a clear picture as to how it will unfold. The designer can then explain how it is meant to work so that people will understand, the bridge can be built and everyone will be able to cross the river. 

He added that the role played by interpreting the annexes is to push the development of "the bridge" or the political structure along the track provided for in the Basic Law.

The interpretations, Mr Qiao said, have not impeded the democratic process in Hong Kong but rather have promoted it along the track provided - "to get us across the river as quickly as possible".

He added: "Universal suffrage is our ultimate goal."

Two clauses undergo interpretation

The first clause the Standing Committee interpreted says that "if there is a need to amend the method for selecting the Chief Executive for terms subsequent to the year 2007, such amendments must be made with the 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".

The second states that "with regard to the method for 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 must be 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."

Interpretations by the Standing Committee state: "Only upon the completion of the above-mentioned procedures, including the final approval or registration for the record by the NPC Standing Committee in accordance with law, shall the amendments take effect."

The Hong Kong Government will  propose to LegCo bills and draft amendments regarding the revision of the methods and the procedures.

"Subsequent to the year 2007", "after 2007" includes 2007

The Standing Committee also determined that "the period defined as 'subsequent to the year 2007' and 'after 2007' in the two annexes shall include the year 2007". Hong Kong is expected to select its Chief Executive for the third term in 2007.

It also clarified that the expression "if there is a need to amend" the methods and procedures in the two annexes means that they may be amended or may not be amended.

If no amendments are to be made, the current method for selecting the Chief Executive, for forming the Third Legislative Council and the existing voting procedures outlined in the two annexes will continue to apply, the Standing Committee's interpretations state.