China ruled yesterday that Hong Kong's new leader should serve two years instead of five, a decision pro-democracy groups said chips away at the territory's legal system.
Legislators and local legal experts wanted Hong Kong's courts to have a chance to settle the term-limit controversy in the former British colony, which returned to Chinese rule in 1997.
But the ruling was made in Beijing by the Chinese National People's Congress Standing Committee. The panel has the power to resolve constitutional disputes in Hong Kong, which is supposed to enjoy a wide degree of autonomy under a "one country, two systems" formula.
Rowdy opposition lawmaker Leung Kwok-hung (
"I think this insults everyone in Hong Kong," said Leung, nicknamed "Long Hair."
The legal debate erupted last month when chief executive Tung Chee-hwa (
Pro-democracy lawmakers and local legal experts had argued that the law clearly says Tung's successor should serve a fresh five-year term. But the government insisted the next leader, or chief executive, should only finish Tung's term.
The official Xinhua News Agency reported yesterday's decision in a brief story that didn't explain the ruling. Xinhua said the term "shall be the remaining part left by Tung Chee-hwa."
Critics think Beijing favored the shorter term because it wanted the new leader to be on political probation and pass a loyalty test before serving a full term. But Hong Kong officials have repeatedly denied this.
Hong Kong's government asked Beijing to resolve the dispute, saying that a quick decision was needed to avoid a protracted legal battle that would delay the July 10 election for Tung's replacement. An 800-member committee -- dominated by pro-Beijing figures -- selects the leader.
But pro-democracy lawmakers opposed asking Beijing, saying they believe the law clearly spells out that the term should be five years -- a position the government held until changing its mind after Tung resigned. Many believe Beijing was behind the flip flop.
"What is most objectionable is that they put forward a totally unconvincing case," said Ronny Tong, a lawmaker and attorney. "The provisions are crystal clear pointing the other way."
Pro-democracy lawmakers also opposed going to Beijing so soon because they thought the local courts should be given a chance to issue a ruling.
"To pre-empt the judicial review, it's an affront not simply to the judiciary, but also to the rule of law in Hong Kong," Tong said.
Lawmakers have argued that Hong Kong is a world class business center because it has a rock-solid legal system. English is still used as an official legal language and many of the judges are foreigners.
Pro-democracy groups fear that if Beijing is allowed to frequently fiddle with Hong Kong's law, the territory's legal credibility will be lost.
It will become more like China's system, which has a reputation of politics driving legal rulings.
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