Article 46

Those who supported him for a full five-year term, which included much of the Hong Kong legal community, argued that this is the literal reading of the article.Although later modified by the Fixed-term Parliaments Act 2011, at the time of the controversy in 2005, the British Westminster system did not run elections 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.[1] Notwithstanding provisions in Article 46, the Chief Executive must vacate the office before the conclusion of his or her term, if he or she is forced to resign or impeached.Article 52 of the Basic Law stipulates that the chief executive must resign when:[2] A member of the Basic Law Consultation Committee argued that a further sub-provision reading "a vote of non-confidence against the Chief Executive endorsed by a two-thirds majority of the members of the legislature" should be added to Article 52.The Legislative Council has the power to initiate the impeachment of the Chief Executive under article 73(9) of the Basic Law:[4]
Hong Kong Basic LawChief Executive of Hong KongHong Kong Chief ExecutiveTung Chee-HwaPeople's Republic of ChinaFixed-term Parliaments Act 2011Westminster systemUnited StatesStanding Committee of the National People's CongressBasic LawLegislative CouncilExecutive CouncilBasic Law Consultation CommitteeImpeachment and no-confidence motions in Hong KongChief JusticeCentral People's GovernmentElection CommitteeFunctional ConstituenciesGeographical ConstituenciesSino-British Joint DeclarationConsultative CommitteeDrafting CommitteeArticle 23Article 45Article 46Article 69Ng Ka Ling v Director of ImmigrationDirector of Immigration v Chong Fung YuenFateh Muhammad v Commissioner of RegistrationLau Kong Yung v Director of ImmigrationVallejos v Commissioner of Registration