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Tung resignation sparks legal debate

China's decision to shorten the term of Hong Kong's next leader had observers Sunday warning of trouble ahead, saying the move had damaged the city's autonomy and would likely face a legal challenge.

Caretaker chief executive Donald Tsang (曾蔭權) declared Saturday that a replacement for leader Tung Chee-hwa (董建華), whose early resignation last week triggered a succession debate, would serve only the two years remaining of the out-going leader's term.

The next chief executive will be chosen on July 10 by the city's 800-member Beijing-approved election committee.

Although Tsang said the decision was made by his government, it is widely believed the acting leader was simply doing the bidding for China, which has ruled the territory since its 1997 handover from British colonial rule.

The move has angered many in this southern enclave who say it flouts the Basic Law constitution adopted in 1997, which provides for the chief executive to serve for five years.

"It means that the new chief executive will start off with a term of office that is unconstitutional," wrote the Sunday China Morning Post in an editorial.

"Political expediency has been allowed to prevail over the rule of law," it added. "It is, in this sense, a sad day for Hong Kong."

Tsang's announcement, in his first speech as the acting head of the city of 6.8 million, was described a "U-turn" in the Basic Law by the press.

Media have attached particular significance to the conspiratorial tone of the language used by justice secretary Elsie Leung (梁愛詩) who said the government had "adjusted its understanding" of the law to let the decision pass.

China is believed to prefer a shortened term partly to maintain the election timetable set out by the Basic Law but also because it has no firm favorites to succeed Tung.

While Tsang is thought to be the prime candidate to win selection in July, the veteran civil servant's background as a loyalist of the former British administration has raised concerns among hardliners in the Communist Party.

A short term would give China the chance to test him out before appointing him on a more permanent basis.

Many see Saturday's hasty announcement that forced an unpopular decision on to Hong Kong without offering room for debate.

"It is a hot potato and in doing it this way, Tsang has shown that China just wants to get the matter over and done with," said China watcher Sung Lap-kung of Hong Kong City University.

Sung agreed with legal experts who warn the decision could lead to a constitutional crisis if opponents to a shortened term, including opposition legislators fighting for full democracy here, launched a judicial review.
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