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CS' statement at press conference
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Following is the statement by the Chief Secretary for Administration, Mr Donald Tsang, at a press conference held today (March 30) on the Constitutional Development Task Force's report and the meeting with representatives of the Standing Committee of the National People's Congress:

I wish to share with you the views of the Constitutional Development Task Force on the issues of legislative process relating to constitutional development, and our meeting with the representatives of the Standing Committee of the National People's Congress (NPCSC) this morning.

Since its establishment on January 7 this year, the Constitutional Development Task Force of the HKSAR has, through various channels, been collecting the views of the Hong Kong community on issues of principles and legislative process in the Basic Law relating to constitutional development. Through arrangements made by the Hong Kong and Macau Affairs Office (HKMAO) of the State Council, the task force paid a visit to Beijing from February 8 to 10, and met with the HKMAO and the Legislative Affairs Commission of the NPCSC to discuss issues relating to constitutional development. As of yesterday (March 29), the task force had met with around 82 organisations and individuals, and received around 600 letters, facsimiles and emails from the public. More than 200 of the views received related to issues of legislative process.

After wide-ranging discussions over more than two months, the task force considers that it is now able to draw conclusions on the issues of legislative process relating to constitutional development, and prepare the first report to state its views on these issues.

As regards the issues of principles relating to Hong Kong's constitutional development, the task force will explain them in detail in its second report in due course.

I wish to take this opportunity to express my thanks to members of the whole community for actively expressing their views on the issues of legislative process. The task force collated and studied all the views received on these issues. In general, organisations and individuals have expressed the following views to the Task Force:

  • In respect of what legislative process should be used for amending the methods for selecting the Chief Executive and for forming the Legislative Council as set out in Annex I and Annex II to the Basic Law, a larger proportion of the views received consider it necessary to amend the "methods" in Annex I and Annex II and to enact local legislation. However, some consider it sufficient to enact local legislation only.

  • In respect of whether it is necessary to invoke Article 159 of the Basic Law to amend the "methods" as stipulated in the two Annexes, a larger proportion of those offering views consider the procedure unnecessary. Some, however, consider it necessary to invoke Article 159.

  • In respect of the initiation of amendments relating to the two "methods", a larger proportion of those offering views consider that the amendment procedures in the relevant Annexes should be initiated by the HKSAR Government, but there are a few who consider that the procedures may also be initiated by the HKSAR Legislative Council. Separately, there are views that the Central Authorities should be fully consulted beforehand. Others are also of the view that the amendment procedures in the Annexes should only be triggered after a consensus among the Legislative Council, the HKSAR Government and the Central Authorities has been reached.

  • On the formation of the fourth-term Legislative Council, most of the views received were that if a consensus could not be reached on the amendment to be proceeded with, the method for forming the third-term Legislative Council may continue.

  • On how the phrase "subsequent to the year 2007" should be understood, a larger proportion of the views received were that it should include the year 2007. However, there are also views that the year 2007 should be excluded.

For all the views received, the task force has analysed, in an objective and professional manner, the legal grounds and arguments of all the views received. Since issues of law are involved, we focus more on the quality of the arguments put forth, rather than on the number of views received. Having regard to all the views gathered, the task force has formed the views of the HKSAR Government on the issues of legislative process. Now, I wish to brief you on these views.

First, in respect of what legislative process should be used for amending the methods for selecting the Chief Executive and for forming the Legislative Council as set out in Annex I and Annex II to the Basic Law, we consider that amendments should be made at two levels. First, the "methods" should be amended in accordance with the provisions set out in the relevant Annexes to the Basic Law. Thereafter, the local electoral laws should be amended to prescribe the detailed arrangements.

Second, in respect of whether it is necessary to invoke Article 159 of the Basic Law to amend the "methods" as prescribed in the two Annexes, our understanding is that amendments can be made in accordance with the special procedures in the relevant Annexes. As long as the relevant amendments are not inconsistent with the provisions in the main text of the Basic Law, the amendment procedures in Article 159 need not be invoked.

Third, in respect of the initiation of amendments relating to the two "methods", we consider that, if it is decided that there is a need to amend the "methods", the procedures in the relevant Annexes should then be followed. Having regard to Article 74 of the Basic Law, bills that relate to the political structure should only be introduced to the Legislative Council by the HKSAR Government.

Fourth, if a consensus on the formation of the fourth-term Legislative Council cannot be reached, the method for forming the third-term Legislative Council should apply to the formation of its fourth term.

Fifth, on how the phrase "subsequent to the year 2007" should be understood, our view is the same as that already made known earlier on, that is, if there is a need, amendments to the method for selecting the third-term Chief Executive in 2007 may be considered.

Today, I have submitted the task force's report, together with all the views we have received from the community, to the NPCSC. In fact, the task force has had a very frank and amicable meeting this morning with the representatives of the NPCSC, including Mr Qiao Xiaoyang, Deputy Secretary General of the NPCSC, Mr Li Fei, Vice Chairman of the Legislative Affairs Commission of the NPCSC, and Mr Xu Ze, Deputy Director of the HKMAO of the State Council.

They listened very attentively to the views of the task force on the issues of legislative process in the Basic Law relating to constitutional development, and our briefing on the views submitted on these issues by the organisations and individuals in Hong Kong. They said that the NPCSC attached great importance to receiving the task force's report before it gave its interpretation of the provisions in the Basic Law, and therefore sent its representatives to meet with the task force in Shenzhen. They considered that the views we expressed would help the NPCSC, in its coming meeting, to understand the views of the Hong Kong community on the issues of legislative process.

They also expressed their understanding of the concerns of some people in Hong Kong on the NPCSC's interpretation of the provisions in the Basic Law. They reiterated that the NPCSC would interpret, according to law, the legislative provisions in the Basic Law. The objective was to enable all parties concerned to grasp clearly the basis of the legislative process, on which Hong Kong's constitutional development would be explored.

I understand there are views in the community that there is no need for the NPCSC to give its interpretation of the provisions of the Basic Law. However, I hope everyone will understand that the NPCSC's interpretation of these issues now will offer a timely solution to our practical problems. The issues of legislative process are the basis and prerequisite of the review on constitutional development. The next stage of work on constitutional development cannot commence without first resolving the issues of legislative process. Our community has had discussions on these issues for more than two months. The public has always been expecting that the issues of legislative process for constitutional development will be clarified before the next stage of work commences. However, at this stage, the views of the community on the issues of legislative process are divergent.

In addition, it is most authoritative and legally binding for the NPCSC to give its interpretation of the issues of legislative process in accordance with the power authorised by the Basic Law. It also complies with the law and the Constitution. I hope everyone will understand that the issues of legislative process relating to constitutional development should not be subject to personal interpretations by individual officials or legal professionals of both places. Otherwise, organisations and individuals may continue to hold on to different opinions, and may even resort to litigation. This would still necessitate interpretation by the NPCSC, and the community would have to face uncertainties regarding constitutional development, thus affecting the pace of constitutional development.

I hope that all parties concerned will face the current situation rationally. Each provision in the Basic Law is a component of the principle of "One County, Two Systems". The Central Authorities encourage the community in Hong Kong to discuss our constitutional development, and they will listen to our views in this respect carefully.

Finally, I would like to mention that, copies of the First Report of the Constitutional Development Task Force have been placed at the Public Enquiry Service Centres of the 18 District Offices, and are now available to the public. The public may also access the report on the website on constitutional development (www.cab-review.gov.hk).

In addition, the submissions by different sectors of the community, and the summaries of views relating to the issues of legislative process of organisations and individuals met by the task force, have been attached to the report as its Annexes. The Annexes have been posted on the website on constitutional development. Copies have also been placed at the Public Enquiry Service Centres of the 18 District Offices for public inspection.

Thank you.

Ends/Tuesday, March 30, 2004
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