Tung Chee Hwa's resignation

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Tung Chee Hwa, the first Chief Executive of Hong Kong, announced the submission of his resignation to the Central People's Government (CPG) of the People's Republic of China (PRC) on March 10, 2005. His request was approved on March 12, 2005. Chief Secretary for Administration Donald Tsang assumed duty on the same day as acting chief executive. On June 24, following a byelection, Donald Tsang was sworn in as the new Chief Executive.

Contents

Resignation

From mid-February Stanley Ho, a tycoon with close ties with Beijing, started to comment on the possible candidates for the election of next chief executive. From 26 February 2005 onwards, there were rumours that Tung Chee Hwa would be nominated to the election of vice chairman of Chinese People's Political Consultative Conference (CPPCC) of the PRC, an honorific position with no real power. On the night of 27 February 2005, it was revealed he and 9 other persons would be appointed as new members to the CPPCC. On March 1 Financial Times reported about the spreading rumour of Tung's resignation. On the same evening CableTV News quoted from a "reliable source" that Tung would resign. The Chief Executive's Office said it would not comment on "speculative reports".

Tung's resignation hit the headlines on all local newspapers, except for the three controlled by the PRC government, namely Ta Kung Pao, Wen Wei Po and Hong Kong Commercial Daily, on the morning of March 2. He declined to comment when questioned by journalists waiting at the government headquarters, except a greeting of "good morning".

On the evening of March 2 in Beijing, he declined to comment on the issue, but said "I know that you are concerned about many questions. I will give an account at the appropriate time".

At 17:30 (HKT) of March 10 in Hong Kong, he assembled a press conference at the Central Government Offices and announced that he had tendered his resignation an hour ago, due to "health problems". He did not comment on who would succeed him as chief executive.

After flying to Beijing on March 11, Tung was elected Vice Chairman of the Chinese People's Political Consultative Conference (CPPCC) on March 12, 2005, the last day of CPPCC annual meeting. His resignation as the chief executive of Hong Kong was endorsed by the Central People's Government on the same day.

According to the Basic Law, the position would be immediately assumed by the Chief Secretary for Administration as acting chief executive. Donald Tsang, a career civil servant under the British administration, filled the place as acting chief executive following the endorsement of Tung's resignation.

According to the Chief Executive Election Ordinance, an election has to be held on the Sunday on or right after the 120th day after the vacancy of the post. The election has been scheduled for Sunday, July 10, 2005. (See Hong Kong Chief Executive election, 2005)

Potential contenders

The following are just whom are reportedly and speculated potential contenders to the post:

On March 21 and 23, Henry Tang and Arthur Li revealed, respectively, that they had no plan to join the election. Only Donald Tsang had joined the byelection.

Election or byelection? - NPCSC interpretation of Basic Law

It was unclear whether the new chief executive would only serve the remainder of Tung's term or would serve a full five year term. Article 46 of the Basic Law states that "The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years.".

Many local legal experts in Hong Kong said it should be five-year, while legal experts from the mainland said it should only be for the remainder of Tung's term - two years.

On March 12, 2005, Donald Tsang, as acting chief executive, together with Elsie Leung, the secretary for justice, announced the Hong Kong Government had decided, based on the advice from legal experts from the mainland, it will be the remainder of Tung's term, and will proceed to the Legislative Council to amend local laws to confirm.

Some were worried this would led to another intepretation of the Basic Law by the National People's Congress Standing Committee, which is considered undermining rule of law in Hong Kong.

On March 15, Donald Tsang and Elsie Leung told legislators in a council meeting that the former understanding of the government was wrong. (See Elsie Leung's transcipt for details)

On March 23, Wang Rudeng, assistance director of the Central People's Government Liaison Office in Hong Kong, said to the press that the central government would not let the debate to carry on. He also commented that many well-educated people have shown their support to an NPCSC intepretation of the Basic Law. One day later legislator Albert Chan admitted he was planning to file a judicial review.

On March 30, Cheng Siwei, one of the vice presidents of the NPCSC, said the statement by the Legislative Affairs Commission of the NPCSC in mid-February that the next chief executive should serve the remaining term represent the position of the NPC.

Donald Tsang and Elsie Leung met members of legislative council on March 31 and April 1. Tsang told the press he was worried the election would not be able to be held on time, if some file a judicial review. On April 1, both the Law Society of Hong Kong, the professional association of solicitors, and the Hong Kong Bar Association said the term should be five year. They requested to send delegates to Beijing during the meeting with Elsie Leung.

By April 2, pro-Beijing parties Liberal Party, DAB and The Alliance have expressed they can accept an interpretation. Cheng Yiu Tong, non-ex-officio member of Executive Council and president of pro-Beijing Hong Kong Federation of Trade Unions, said there are many benefits rather than shortcoming for an intepretation.

On April 5, Tam Yiu Chung, vice-chairman of DAB, told the press explicitly that the government has decided to seek an interpretation. Acting chief executive Donald Tsang, as chief secretary, announced formally on April 6 at Legislative Council meeting.

Some feel this has the potential for a "constitutional crisis" since most people involved with drafting the Basic Law in the 1980s felt it was quite clear that the term should be five years. An NPCSC interpretation is undesirable among Hongkongers.

The NPCSC passed the intepretation on April ?, affirming the length of the term of the new chief executive to fill the vacancy as the remainder of Tung's term.

See also

External links

Statements by government officials on the length of the term of office

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