就立法會休會待續議案發言(英文)


Madam Acting President,

I think it’s fair to say that the resignation of the CE has taken all of us by surprise, with Hong Kong’s new identity of SAR. Only in these eight years, we are presented with this constitutionally challenge, which, for the sake of Hong Kong, we must handle sensibly and rationally. In the last two weeks, a lot of debates are taken place regarding the way ahead. Hong Kong made headline news again on BBC, CNN and other news channel. The currently focus has been on the term of the new CE, where it should be 2 years or 5 years and whether it is lawful or not in either case. This is the topic I would like to concentrate on today.

Many lawyers had quickly concluded that according to the article 46 of the Basic Law, the term of CE is for 5 years, so the new CE should really serve 5 years. However, the majority of the public feels that the new CE should serve out the remaining term, which is the remaining 2 years from the day when the new CE would be elected in July.

The LP’s position is that the basic law does not deal any by-election. However, given the new CE would still be elected by the existing election committee, and the method of election of the CE in 2007, is now subject to a consultation exercise, which may result in broadening the election committee. With the interest of Hong Kong and the schedule already set down for the constitutional development. Since the Basic Law silence on by-election, clarification is definitely required to ensure the election and the term of new CE would not be flattened by traditional challenge, such clarification can take number of forms; it can take the form of domestic legislation, which I believe our administration was proposing, however, the community is still smarting by the Link Reit event, when one person, which can be any person, can bring forward the traditional review in the courts. That would be an immediately stop to the election process. Do we want another cycle, where Hong Kong would once again became the laughing stock of the world. Do we want to face the scenario where we cannot conduct the new CE here and thereby force the central government to appoint a new CE with an order after six months.

Madam Acting President, I am very much aware of the reluctance of the Hong Kong people have against interpretation of the Basic Law. In fact, I believe the Central Government is equally reluctant as the interpretation involves the decision of the highest level and should not be use like this. However, I think we are facing an extraordinary situation and for the interest of Hong Kong, certainty is needed. I would like to hear better ideas of administration that all the opposition parties might have safe guard of the new election in July, if not, the LP will reiterated our position that with the possible choices, interpretation of the Basic Law, to clarified the Legislative intend by NPC standing committee immediately, is still the most buyable option, Thank you.

 


©2005 www.jamestien.com 回上頁