Government gives notices to LegCo to move motions concerning 2007/2008 electoral methods
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A Government spokesman said that the SAR Government had today (December 6) given notices to the Legislative Council (LegCo) in accordance with the LegCo Rules of Procedure that it would move the motions concerning the methods for selecting the Chief Executive in 2007 and for forming the LegCo in 2008 at the LegCo sitting on December 21, 2005.
The spokesman said, "The Amendments to Annex I and Annex II to the Basic Law regarding the methods for the selection of the Chief Executive and for the formation of the LegCo are annexed respectively to these two motions."
The spokesman pointed out that the relevant motions and related issues had been examined in detail in the nine meetings held by the Subcommittee to Study the Administration's Proposals for the Methods for Selecting the Chief Executive in 2007 and for Forming the LegCo in 2008 set up by the LegCo House Committee. The Subcommittee has completed its work on November 29 and agreed to submit the relevant report to the LegCo House Committee at its meeting this Friday (December 9).
The spokesman said, "The SAR Government hopes that the motions will be endorsed by LegCo, so that Hong Kong's democratic development may take a substantive step towards the ultimate aim of universal suffrage."
The spokesman said, "The SAR Government has made clear in the Fifth Report that, according to the legislative intent of the Basic Law, the number of consecutive terms that a Chief Executive may serve shall not be more than ten years. The term of office of the new Chief Executive elected in a by-election shall be the remainder of the term of the preceding Chief Executive. The new Chief Executive may only serve for one more term after expiry of the term. This is consistent with the relevant provisions of the Basic Law."
The spokesman said, "We originally proposed to clarify this provision under the Amendment to Annex I to the Basic Law. However, during the examination of the Subcommittee, some Members considered that this issue should not be dealt with under Annex I to the Basic Law. After careful consideration, we have decided to accept the views of these Members and to deal with this issue under local legislation to provide therein that the term of office of the new Chief Executive elected in a by-election shall be the remainder of the term of the preceding Chief Executive, and that the new Chief Executive may only serve for one more term after expiry of the term."
The spokesman said, "If the relevant Amendments receive the agreement of LegCo, the CE and the Standing Committee of the National People's Congress (NPCSC), the SAR Government will introduce the Chief Executive Election (Amendment) Bill into LegCo in January 2006 to provide for the detailed electoral arrangements."
The motions put to LegCo are appended to this press release.
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Motion on the Amendment to the Method
for the Selection of the Chief Executive
Pursuant to Article 7 of Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (that is, amendments must be made with the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for approval), the Interpretation by the Standing Committee of the National People's Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, and the Decision of the Standing Committee of the National People's Congress on Issues relating to the Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region in the year 2007 and for Forming the Legislative Council of the Hong Kong Special Administrative Region in the year 2008, the "(Draft) Amendment to Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China Regarding the Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region" annexed to this Motion is hereby endorsed by this Council by a two-thirds majority of all Members, for submission to the Chief Executive for consent, and thence for reporting by the Chief Executive to the Standing Committee of the National People's Congress for approval.
Annex
(Draft) Amendment to Annex I to the Basic Law
of the Hong Kong Special Administrative Region
of the People's Republic of China Regarding the
Method for the Selection of the Chief Executive of the
Hong Kong Special Administrative Region
1. The Election Committee to elect the third term Chief Executive in 2007 shall be composed of 1 600 members from the following sectors:
Industrial, commercial and financial sectors 300
The professions 300
Labour, social services, religious and other sectors 300
Members of the Legislative Council, members of the District Councils, representatives of the Heung Yee Kuk, Hong Kong deputies to the National People's Congress, representatives of Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference 700
The term of office of the Election Committee shall be five years.
2. Candidates for the office of Chief Executive may be nominated jointly by not less than 200 members of the Election Committee. Each member may nominate only one candidate.
Motion on the Amendment to the Method
for the Formation of the Legislative Council
Pursuant to Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (that is, amendments must be made with the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for the record), the Interpretation by the Standing Committee of the National People's Congress of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, and the Decision of the Standing Committee of the National People's Congress on Issues relating to the Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region in the year 2007 and for Forming the Legislative Council of the Hong Kong Special Administrative Region in the year 2008, the "(Draft) Amendment to Annex II to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China Regarding the Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and its Voting Procedures" annexed to this Motion is hereby endorsed by this Council by a two-thirds majority of all Members, for submission to the Chief Executive for consent, and thence for reporting by the Chief Executive to the Standing Committee of the National People's Congress for the record.
Annex
(Draft) Amendment to Annex II to the Basic Law
of the Hong Kong Special Administrative Region
of the People's Republic of China Regarding the
Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region
and its Voting Procedures
The fourth term Legislative Council in the year 2008 shall be composed of 70 members, and the composition shall be as follows:
Members returned by functional constituencies 35
Members returned by geographical constituencies through direct elections 35
Ends/Tuesday, December 6, 2005
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