The change in the Government's stance on the new Chief Executive's term does not damage the rule of law, Secretary for Justice Elsie Leung says, adding the current dispute will be resolved in accordance with the law.

Speaking on RTHK's Letter to Hong Kong programme, Ms Leung said the question of the new CE's term must be determined according to the true meaning of the Basic Law, in accordance with the rule of law.

She reiterated that the law requires the new Chief Executive to fill only the residue of Tung Chee Hwa's term.

The position that the Government took in the past, and the one it takes now, were both based on respect for the rule of law and on information then available to us and that has since come to light, the secretary noted. 

New arguments emerge

"In the current situation, new arguments have recently emerged, based in part on earlier drafts of the Basic Law and documents which throw light on the discussions during the drafting process, and recollection of those who took part in the drafting.

"Having considered those new arguments and information, I consider that our earlier position was incorrect. We must therefore admit our mistake and change our view. To do otherwise would be disrespectful of the rule of law."

Without commenting on whether or not an interpretation by the National People's Congress' Standing Committee is desirable in the current circumstances, Ms Leung said article 158(1) of the Basic Law expressly provides that the power of interpretation of the Basic Law shall be vested in the Standing Committee.

"I therefore consider it quite wrong to say that any such interpretation, pursuant to the Basic Law and in accordance with its procedure, would be a blow to the rule of law."

Mainland legal experts' views important

The secretary also refuted claims that the contribution of Mainland legal experts to this debate has undermined Hong Kong's autonomy.

The Basic Law confers a high degree of autonomy on the Hong Kong SAR, but it does not confer absolute autonomy, Ms Leung said, adding it also contains provisions concerning affairs which are the responsibility of the Central People's Government, and concerning the relationship between the Central Authorities and the Region.

"Our courts do not have the autonomy to make a final decision on the meaning of those provisions. The Standing Committee of the NPC is the authority for interpreting them."

The appointment of the Chief Executive is clearly the responsibility of the Central People's Government and it directly affects the relationship between the Central Authorities and the Region, Ms Leung added.

"We do not therefore have the autonomy to determine the meaning of provisions relating to that appointment. This being so, it is perfectly sensible to find out what Mainland legal experts understand them to mean."

Sensible debates necessary

Ms Leung hoped the community can debate the issue sensibly and argue with reasons instead of resorting to phases like "eroding the rule of law", "damaging 'one country, two systems'".