Tung: Hong Kong needs change, but in compliance with my 9 rules...

Chief Executive Tung Chee-hwa submitted a report to the National People's Congress Standing Committee (NPCSC) on Thursday 15 April, recommending that changes be made to Hong Kong's electoral methods in and after 2007. Together with the constitutional taskforce report, it was hand-delivered to the Standing Committee in Beijing by Secretary for Constitutional Affairs Stephen Lam Sui-lung. This comes just nine days after the NPC interpreted two Basic Law provisions concerning the electoral arrangements in and subsequent to 2007.

In his report Tung conceded that maintaining the status quo was not an option. "To stand still where we are, I don't think it's a solution. And I think it's a right way to move forward," he said. He said that his action was in response to voices from the community. "Since the interpretation on April 6, what I have heard is: 'Chief Executive, please do it quickly.' I did this because these are the voices I have heard." However, Tung would not comment on the possibility of universal suffrage in 2007, saying that this could not be discussed in LegCo before the Standing Committee had approved his call for changes.

However Tung's report also reiterated his conviction that development must progress step by step and not too rapidly, taking into consideration the views of the central government. He also stated that any electoral change had to be brought about in line with nine factors. In his report to the NPCSC he outlined these factors as:

"1. The Hong Kong Special Administrative Region, in examining the direction and pace of its constitutional development, must pay heed to the views of the central authorities

2. Any proposed amendments must comply with the provisions of the Basic Law. Amendments of the design and principle of the political structure prescribed in the Basic Law must not be lightly contemplated

3. No proposed amendments shall affect the substantive power of appointment of the chief executive by the central authorities

4. Any proposed amendments must aim at consolidating the executive-led system headed by the chief executive and must not deviate from this principle of design

5. Development towards the ultimate aim of universal suffrage must progress in a gradual and orderly manner, step by step. The pace should not be too fast. The progress should accord with the actual situation in the HKSAR, to preserve its prosperity and stability

6. When considering the actual situation, public opinions, as well as other factors, including the legal status of the HKSAR, the present stage of constitutional development, economic development, social conditions, the understanding on the part of the public of one country, two systems and the Basic Law, public awareness on political participation, the maturity of political talent and political groups, as well as the relationship between the executive authorities and the legislature, must be taken into account

7. Any proposed amendments must enable different sectors of society to be represented in the political structure and to participate in politics through various channels

8. Any proposed amendments should ensure that consideration would continue to be given to the interests of different sectors of society

9. Any proposed amendments must not bring about any adverse effect to the systems of economy, monetary affairs, public finance and others as prescribed in the Basic Law."

However, despite these criteria, Chief Secretary Donald Tsang Yam-kuen, who headed the taskforce, said universal suffrage in 2007 and 2008 had not been ruled out at this stage. "Proposals and consultation would follow once the Standing Committee had given its approval," Mr Tsang said. However critics have interpreted the rate of progress envisaged in the report as tantamount to rejecting universal suffrage for 2007 and 2008. Responding to critics who have accused Tung of erecting more hurdles to constitutional development, Tsang said the taskforce had only outlined factors to help reach a consensus. "We have expressed the factors and our concerns. Those who support universal suffrage should also take these into account and see how they could be manifested." "Whether there would be universal suffrage in 2007 and 2008 would be a matter for Legco and the Standing Committee to ultimately decide," he added. Pro-democracy lawmakers are expected to question the chief executive on the report at a meeting on 16 April.

The response of pro-democracy legislators and academics alike has been one of disappointment at the report. They had complained of a lack of transparency and public debate before the report was sent to Beijing and argue that it effectively throws cold water on the aspirations of the pro-democracy camp. "The criteria [set by Tung] have already set the tone or the boundary of political reform," said Sonny Lo, associate professor of the department of politics and public administration at Hong Kong University. "It simply tells us that universal suffrage in 2007 and 2008 would be impossible. The government cannot satisfy the demand of the pro-democracy group."

Similarly, Ong Yew-kim, an honorary research fellow of Hong Kong Institute of Asia-Pacific Studies at the Chinese University, said public opinion would not play a significant part in the political reform. "Theoretically, public opinion should be a significant factor. However, the government also set other criteria-barriers to block the importance of public opinion," Ong said. He sees the report as a means of delaying democratic reform. "It is predicted the democrats could win a majority of seats in the September LegCo election. If that is the case, and if the democrats are still insisting on universal suffrage, the government can then refer to the nine criteria and say they have not been met," he said.

However, Basic Law drafter Xiao Weiyun said universal suffrage should not be implemented in 2007. "The pace [for universal suffrage] is too fast if it is implemented in 2007," he said.