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 From Hong Kong's Information Services Department
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March 21, 2005
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Polls
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No decision on seeking CE's term interpretation
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The Government has not decided whether to ask the National People's Congress' Standing Committee to interpret laws governing the term of a chief executive returned in a by-election, Secretary for Constitutional Affairs Stephen Lam says.

 

Speaking at a Legislative Council panel meeting this afternoon, Mr Lam promised that the Government will brief lawmakers when a decision has been made.

 

The secretary reiterated that the preparatory work for the election will be carried out in accordance with the law, adding the Government will try its best to ensure the poll to be held in a timely fashion.

 

Stressing the law requires the new Chief Executive to fill only the remainder of Tung Chee Hwa's term, Mr Lam said a bill will be introduced to the Legislative Council on April 6 to amend the Chief Executive Election Ordinance.

 

Gov't respects citizens' rights

The Government respects Hong Kong citizens' right to seek judicial reviews of the new CE's term issue, he noted, adding the Government will handle the possible judicial reviews in accordance with the law.

 

If the by-election cannot be held on July 10 because of bad weather, the Electoral Affairs Commission can postpone the poll, according to the Article 21 of the Basic Law.

 

However, the secretary said the poll should not be postponed for too long as the election has a big impact on Hong Kong.

 

Some lawmakers pointed out that constitutional problems may arise if the by-election cannot be held before the expiry of the incumbent Election Committee.

 

No hasty formation of new Election Committee

Noting the Government has raised the issue with the Central Authorities, the secretary believed the Central Government would not allow Hong Kong to have an administrative problem.

 

However, Mr Lam reiterated that the Government will not form a new committee in haste because it would have a negative impact on the ongoing review of the 2007 election.