II. On the meaning of "if there is a need to amend"

    Article 45 of the Hong Kong Basic Law reads "The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government." "The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administration Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executiveby universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures." Article 68 of the Hong Kong Basic Law provides: "The Legislative Council of the Hong Kong Special Administrative Region shall be constituted by election." "The method for forming the Legislative Council shall be specified in the light of the actual situation inthe Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the election of all the members of the Legislative Council by universal suffrage." The provisions in Articles 45 and 68 of the Hong Kong Basic Law and Annexes I and II to this Law on the specific methods of selecting the Chief Executive and forming the Legislative Council have all established and reflected the principles that constitutional development of Hong Kong must proceed from the actual situation of Hong Kong and that it must follow the principle of gradual and orderly progress and balanced representation. These are principles that must be adhered to for along period of time for constitutional development in Hong Kong. On this basis, "if there is a need to amend" in Clause 7 of Annex I and Clause 3 of Annex II shall be understood to mean that after 2007, the methods may be amended or they may not be amended, instead of that they must be amended by 2007. Therefore, Article 2of the draft Interpretations reads: " 'If there is a need to amend' in the two above-mentioned annexes, on the method of selecting the Chief Executive and the method of forming the Legislative Council, and the procedures for the Council's voting on bills and motions, after 2007, means that they may be amended or may not be amended." (More)