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LCQ5: HKMAO Deputy Director not contacted on his remarks

Following is a question by the Hon James To and a reply by the Secretary for Constitutional Affairs, Mr Stephen Lam, in the Legislative Council today (February 2):


On the 18th of last month, the Deputy Director of the State Council's Hong Kong and Macao Affairs Office said in public that, in his opinion, the Legislative Council ("LegCo") would violate the Basic Law if it paid tribute to Mr Zhao Zi-yang, who passed away recently. In this connection, will the Government inform this Council whether:

(a) it has contacted the above official or other officials of the Central Government to find out the justification for stating that paying such tribute would violate the Basic Law; if it has, of the justification; if not, the reason for that;

(b) it is aware of any legal advice to the effect that paying tribute to the late state leaders at meetings of the LegCo or District Councils will violate the Basic Law or go against public interest;

(c) it is aware of any legal advice to the effect that the LegCo should not carry out activities not stated in the Basic Law, or else will violate the Basic Law?


Madam President,

Regarding the first and second parts of the question, we have not contacted the Deputy Director of the Hong Kong and Macau Affairs Office of the State Council to understand further his remarks.

Regarding the third part of the question, as for the adjournment debate concerning Mr Zhao Zi-yang, the President of the Legislative Council has made a decision in accordance with the Rules of Procedure. The Basic Law has provisions on the powers and functions of LegCo.

Ends/Wednesday, February 2, 2005