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April 10, 2005
Elections
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Interpretation to lay election foundation
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Stephen Lam
Firm foundation: Secretary for Constitutional Affairs Stephen Lam (right) says an interpretation of the law governing the new chief executive's term of office is the safest way to lay a firm constitutional foundation for the CE election to be held on July 10.
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Seeking an interpretation of the law governing the new chief executive's term of office is the safest way to lay a firm constitutional foundation for the CE election to be held on July 10, Secretary for Constitutional Affairs Stephen Lam says.

 

Welcoming the State Council's decision to ask the National People's Congress Standing Committee to interpret the relevant provision, Mr Lam said the move is the best constitutional way to solve the problem promptly.

 

"We have always envisaged that it will be possible for this matter to come to a conclusion within two to three weeks in April," he said.

 

"We are now past stage one. The State Council has made a decision. Stage two will depend on the chairman and vice-chairpersons of the Standing Committee whether they will decide to incorporate this item in the agenda for the committee's meeting towards the end of April."

 

The third stage will be for the committee itself to deliberate on the matter and to consider the proposition.

 

Mr Lam said the Government is facing three pressing issues - the continuing disputes in the community, introducing the related amendment bill to the Legislative Council, and the judicial reviews concerning the CE's tenure.

 

Although more people and lawmakers are in favour of the move, about 20 lawmakers have clearly stated they are against the Government's position. After careful consideration, the Government finds that the interpretation request is the only way to ensure the chief executive election can be held smoothly on July 10.

 

Mr Lam said the interpretation will not undermine Hong Kong's rule of law, adding the Court of Final Appeal's judgment on the issue will not be affected. The Government will respond to the judicial reviews in accordance with the law, and it fully respects the courts' handling of the case.

 

Turning to "consecutive term" issue, Mr Lam said it is not a matter on which the Government needs to have an immediate resolution.

 

"During the second half of 2005, we will be reviewing the method for electing the Chief Executive - the third term Chief Executive in 2007. When we are in the process of doing that review, we can consider within Hong Kong and with relevant departments in Beijing this question of continuation of the term."



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