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Explanations on Draft Interpretations of Hong Kong Basic Law Annexes
www.chinaview.cn 2004-04-06 18:09:50

    The future development of Hong Kong's political structure has a bearing on the implementation of the principle of "one country, two systems" and the Hong Kong Basic Law, on relations between the central authorities and the Hong Kong SAR, on the interests of all social strata, all walks of life and all parties in Hong Kong, as well as on the long-term prosperity and stability of Hong Kong. Toensure a correct understanding and implementation of the Hong Kong Basic Law (of which the annexes are component parts), the meeting of the chairman and vice chairpersons of the NPC Standing Committee, in accordance with Subparagraph 4 of Article 67 of the Chinese Constitution, which grants the NPC Standing Committee the power to interpret laws, and the first paragraph of Article 158 of the Hong Kong Basic Law, which states that "the power of interpretation of this law shall be vested in the Standing Committee of the National People's Congress", accepting the suggestions of some NPC deputies, has put forth "Interpretations of Clause 7 of Annex I and Clause 3 of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China by the Standing Committee of the National People's Congress (draft) (referred to as "draft interpretations" in the following text). In line with the fourth paragraph of Article 158 of the Hong Kong Basic Law, the NPC Standing Committee has consulted its Committee for the Basic Law of the Hong Kong SAR, heard the opinions of all circles in Hong Kong regarding the issue of constitutional development solicited by the Constitutional Development Task Force under the HKSAR Government, and also heard the opinions of NPC deputies and members of the Standing Committeeof the National Committee of the Chinese People's Political Consultative Conference from the Hong Kong SAR. The following are explanations on the draft interpretations:     

    I. On the meaning of "after 2007"

    There are two different comprehensions in the Hong Kong society of the terms "subsequent to the year 2007" and "after 2007" in Clause 7 of Annex I and Clause 3 of Annex II to the Hong Kong Basic Law. One comprehension holds that "after 2007" refers to the period after the end of the year 2007, not including the year 2007. Therefore, when the Hong Kong SAR selects its Chief Executive for the third term in 2007, the selection method shall not be subject to any amendment. The other holds that the period "after 2007" includes the year 2007 itself and therefore the selection method shall be amended "if there is a need".

    According to stipulations in relevant Chinese laws, any period defined in the laws as "before" or "after" a specific year shall include the year itself. Therefore, the period defined as "subsequent to the year 2007" and "after 2007" in Clause 7 of Annex I and Clause 3 of Annex II to the Hong Kong Basic Law shall be understood as including the year 2007. It is based on this understanding that Article 1 of the draft interpretations reads: "The period defined as 'subsequent to the year 2007' and 'after 2007' in the two annexes mentioned above shall include the year 2007." (More)

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