Hong Kong Basic Law Article 46
Encyclopedia
Article 46 of the Hong Kong Basic Law
states:
This became a part of a legal dispute in 2005 after the resignation of Hong Kong Chief Executive Tung Chee-Hwa. The question arose as to whether his successor would serve a full five-year term or would only serve the remainder of Tung's term. Those who supported him for a full five-year term, which included much of the Hong Kong legal community, argued that this is the straightforward reading of the article. But those who argued for a partial term argued that a partial term was the clear legislative intent of the article, as filling a partial term is the practice within the People's Republic of China
.
The difference was in part due to different legal traditions. In the British Westminster system
, elections are not run according to fixed schedules, whereas the People's Republic of China
tends to have terms and elections according to fixed schedules, similar to the practice of the United States
.
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
states:
-
- The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years. He or she may serve for not more than two consecutive terms.
This became a part of a legal dispute in 2005 after the resignation of Hong Kong Chief Executive Tung Chee-Hwa. The question arose as to whether his successor would serve a full five-year term or would only serve the remainder of Tung's term. Those who supported him for a full five-year term, which included much of the Hong Kong legal community, argued that this is the straightforward reading of the article. But those who argued for a partial term argued that a partial term was the clear legislative intent of the article, as filling a partial term is the practice within the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
.
The difference was in part due to different legal traditions. In the British Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
, elections are not run according to fixed schedules, whereas the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
tends to have terms and elections according to fixed schedules, similar to the practice of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.