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Traditional ChineseSimplified ChineseText onlyPDA
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March 7, 2005

Basic law

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No plan to seek interpretation on CE's term: Elsie Leung
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Elsie Leung
Unity call: Secretary for Justice Elsie Leung said in case of absence of the Chief Executive, Hong Kong people should unite and do something constructive, so others can see Hong Kong can really be run by Hong Kong people.
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The Government has no plan to seek interpretation from the Standing Committee of the National People's Congress on the Chief Executive's term of office, Secretary for Justice Elsie Leung says, adding she would not respond to reports of the Chief Executive's resignation as it has not been confirmed.

 

Speaking on an RTHK radio talk show this morning, Ms Leung said according to Basic Law Article 158, the Standing Committee of the National People's Congress has the right to interpret the mini-constitution and the Hong Kong Government cannot restrict such a right.

 

The Government has no plan to seek interpretation from the National People's Congress.

 

On the question of judicial review, she said if anyone finds something wrong with the administration, there is a way to seek legal interpretation through the courts. But the courts will also see whether such legal proceedings are abused or not.

 

Ms Leung said in case of absence of the Chief Executive, Hong Kong people should unite and do something constructive, so others can see Hong Kong can really be run by Hong Kong people.

 

Work depends on health, ability

In reply to a question about secretaries' terms of office, she said it all depends on one's health condition and working abilities, adding she would resign if she cannot fulfill her responsibilities.

 

Turning to the local legal service, Ms Leung said she and the Chief Justice had discussed the Bar Association's earlier remarks about insufficient legal fees offered by the Legal Aid Department. The matter has been referred to the Chief Secretary's Administration Wing for review.

 

She noted most lawyers do not charge legal fees that are too high, and people in need can apply for legal aid.

 

Ms Leung said there are about 5,000 solicitors and 1,000 barristers and the Department of Justice has commissioned universities to review whether the legal service has sufficient manpower.

 

She added law school graduates may not join the profession and local lawyers can consider extending their service to areas outside Hong Kong.

 

Service hinges on economic development

Ms Leung said the development of local legal services hinged on economic development; and there are quite a number of cases offered by the government to private law firms each year, which can help nurture local young legal professionals.

 

Regarding provision of service by overseas lawyers in Hong Kong, she said prior approval has to be obtained from the courts, which will consider a balance between protection of local professionals and raising service quality.



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