HK's elected chief to serve out remainder of Tung's term

[HenryTo]

Saturday March 12, 10:50 PM

H.K.'s next elected chief to serve out remainder of Tung's term
(Kyodo) _ Hong Kong interim leader Donald Tsang said Saturday the city's next chief executive will serve out the remaining two years of his predecessor Tung Chee-hwa's term instead of a new five-year term.
"The secretary for justice (Elsie Leung) has consulted legal experts on the mainland. The secretary for justice believes according to Article 53 in the Basic Law, the new chief executive should serve the remaining two years," Tsang said.

The decision is set to spark a prolonged legal battle as Hong Kong's pro-democracy legislators, who argue the new chief should serve a new five-year term, are threatening a judicial review if Beijing insists on the remainder term.

Ronny Tong, a barrister and pro-democracy legislator, expressed disappointment at Tsang's announcement.

"Any government should be bound by law, especially constitutional law," he said. "Leung's consultation with Beijing has no legal binding effect."

Tsang said the election for the next chief executive will be held on July 10.

China's State Council earlier Saturday approved Tung's resignation, bringing to an end his more than seven years of tumultuous rule as Hong Kong's first post-colonial leader.

The approval came hours after Tung was elected a vice president of the Chinese legislature's top advisory body, a move widely viewed to be aimed at giving him a dignified exit.

Tsang, the chief secretary for administration, took over as acting chief executive in accordance with the Basic Law, Hong Kong's mini-constitution.

Leung said Hong Kong should follow the practice in China in which, when a senior official steps down before the end of his term, the replacement serves the remaining term.

"Why did I consult mainland experts? It's because the authority to appoint the chief executive is with the central government," she said.

Leung added that the conclusion was also based on historical files of the drafting of the Basic Law.

Chinese State Councilor Tang Jiaxuan said Monday in Beijing that a successor would serve out the remaining two years.

Although a judicial review can be lodged with a Hong Kong court, the ultimate decision rests with the Standing Committee of the National People's Congress, China's highest legislative body.