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Chinese legislature to intervene in Hong Kong dispute

China said yesterday it would ask its national legislature to rule on a dispute over the length of the term of Hong Kong's next leader, in a step critics fear will further erode the city's autonomy.

The administration in the former British colony had asked for Beijing's intervention in the row, sparked by the mid-term resignation last month of former leader Tung Chee-hwa (董建華).

China's cabinet, the State Council, will ask the National People's Congress Standing Committee to interpret a clause in Hong Kong's mini-constitution "concerning the future of the next ... chief executive," the state-run Xinhua news agency said.

The interpretation was "absolutely necessary" to ensure a smooth succession after Tung's departure, it said.

It would be Beijing's third ruling on Hong Kong's mini-constitution, called the Basic Law, which came into force when the city reverted to Chinese rule in 1997.

The first, in 1998, sought to settle a row over who had the right of abode in post-colonial Hong Kong following efforts by thousands of Chinese to seek residency in the newly reunified territory.

The second ruling came a year ago when the standing committee ruled out any hope of a swift transition to full democracy, as promised in the Basic Law.

Both rulings prompted angry outcries from a public suspicious of a communist plot to subvert Basic Law provisions that allow Hong Kong to maintain its freewheeling, open, capitalist way of life.

Hong Kong requested the latest interpretation to end a row over whether the next leader should see out the remaining two years of Tung's term or serve for the full five years stipulated in the Basic Law.

The shortened term was announced two days after Tung's March 10 resignation and sparked immediate outrage from opponents who said the move undermined the city's autonomy and rule of law.

Donald Tsang (曾蔭權), the former deputy leader who took temporary charge of the territory after Tung quit, said a ruling by China was necessary to ensure there was no hitch to plans for the city's election committee of 800 Beijing loyalists to select the next chief executive on July 10.

The controversial decision was made amid threats by pro-democracy lawmakers here to challenge the move in the courts, a move that could have paralyzed the government and derailed the July selection process.

A ruling from the Chinese parliament would supersede all local courts in Hong Kong and render legal challenges against the shortened term null and void. The government Sunday welcomed the State Council announcement.

"In order to ensure that Hong Kong could elect a new chief executive lawfully and in time on July 10, submitting a report to the State Council and seeking an interpretation by the NPCSC regarding the relevant provisions of the Basic Law is the only way forward and is consistent with the fundamental interests of Hong Kong," it said.

While China's acceptance of Hong Kong's request for a ruling came as no surprise to critics, they expressed disappointment that Beijing was playing along with what they deemed an illegal ploy.

"It is unsurprising but very, very sad," outspoken veteran pro-democracy lawmaker Emily Lau told reporters.

"There is little we can do now but I would urge the central government of China to listen to the people of Hong Kong and find a way out of this instead of shutting out dissenting voices," Lau said.

Lee Wing-tat, the chairman of the Democratic Party, the main faction of the pro-democracy camp, said he would seek nomination for the July election as a protest candidate.
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