China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	INTERPRETATION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON PARAGRAPH 2, ARTICLE 53 OF THE BASIC LAW OF THE HKSAR

	(Adopted at the 15th Session of the Standing Committee of the 10th National People's Congress on April 27, 2005)


SUBJECT : CONSTITUTIONAL LAW; INTERPRETATION; ART.53
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 04/27/2005
IMPLEMENT DATE : 04/27/2005
LENGTH : 564 words
TEXT :

The 15th Session of the Standing Committee of the 10th National People's Congress has deliberated the proposal of the State Council on the Request for Interpreting Paragraph 2, Article 53 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. In accordance with Article 67 (4) of the Constitution of the People's Republic of China and Paragraph 1, Article 158 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, and after consulting the opinions of the Committee for Hong Kong Special Administrative Region of the Standing Committee of the National People's Congress. The Standing Committee of the National People's Congress hereby interprets Paragraph 2, Article 53 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China as follows:

Paragraph 2, Article 53 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China stipulates, "In the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within six months in accordance with the provisions of Article 45 of this Law". The phrase "a new Chief Executive shall be selected ... in accordance with the provisions of Article 45 of this Law" implies that the new Chief Executive shall be selected by the method of selecting prescribed by this Article and that the term of office of the new Chief Executive shall be determined by the method of selecting prescribed by this Article.

Paragraph 3, Article 45 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China stipulates, "The specific method for selecting the Chief Executive is prescribed in Annex I - Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region." Clause 1 of Annex I stipulates, "The Chief Executive shall be elected by a broadly representative Election Committee in accordance with this Law and appointed by the Central People's Government." Clause 2 of Annex I stipulates, "The term of office of the Election Committee shall be five years." Clause 7 of Annex I stipulates, "If there is a need to amend the method for selecting the Chief Executives for the 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 above-mentioned provisions indicate that prior to 2007, under the system for the Chief Executive elected by the Election Committee with five-year term of office, in the event that if the Chief Executive fails to finish his five-year term of office stipulated in Article 46 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and the office of the Chief Executive becomes vacant, the new Chief Executive shall only serve out the remainder of the term of office of the previous Chief Executive; after 2007, if the aforesaid measures for the election of the Chief Executive are revised, the term of office of the new Chief Executive to fill the vacancy of the previous Chief Executive shall be determined in pursuance of the amended concrete measures thereof at the time.