1. The "Decision" of the
Standing Committee announced on 26 April 2004 denying universal suffrage for
the election of the Chief Executive in 2007 and the Legislative Council in 2008
to the people of Hong Kong and mandating no change to the ratio between members
elected from functional and geographical constituencies and the split voting
system in the Legislative Council is a naked use of power without proper legal
basis.
2. The "Decision" has no constitutional basis. Although the Standing Committee described its "Decision" as based on the Basic Law and the Standing Committee's recent Interpretation of Annex I Article 7 and Annex II Article 3, no power to rule out any particular model of change is conferred by the Basic Law or the Interpretation.
3. Annex I Article 7 gives the Standing Committee the power to approve or not approve an amendment of the method of selecting the CE which has been endorsed by LegCo and consented to by the CE. Annex II Article 3 gives the Standing Committee the power to record an amendment of the method of forming LegCo and its voting procedure after the amendment has similarly been endorsed by LegCo and consented to by the Chief Executive. However, the Standing Committee purports to set restrictions beforehand on what amendments Legco can or cannot consider.
4. The "Decision" is contrary even to the Standing Committee's recent Interpretation under which the Standing Committee is supposed to make a "determination" upon the CE's report on whether or not there is a need to amend the methods of selecting the CE and forming Legco. The Standing Committee is not given mandate to make any such "Decision" to fetter the HKSAR's autonomy in considering what amendments are desirable or undesirable. In deciding that no universal suffrage is to be introduced for the election of the CE in 2007 and of LegCo in 2008, the Standing Committee has gone beyond the power it conferred upon itself under the Interpretation.
5 The denial of universal suffrage to Hong Kong was issued with gross speed and without consultation with the people of Hong Kong or their elected representatives, and at stage when Hong Kong people were eagerly awaiting to start a community-wide discussion on political development in order to reach the greatest consensus.
6. The Concern Group is extremely dismayed that naked, unconstitutional power is used to stifle the development of democracy contrary to the promise given in the Basic Law. The blatant disregard for the rule of law and Hong Kong's autonomy under the "one country, two systems" sets a bad precedent. It renders hollow the message China's new leaders have been sending to the World of their commitment to democracy and the rule of law as China's national policy.
7. The Concern Group calls on the people of Hong Kong to unite and be more resolute than ever to fight for democracy. There is now more reason than ever to express firmly and clearly our desire for democracy and to participate in all movement towards this end. There is now more reason than ever to vote for LegCo members who are absolutely committed to promoting true democracy in the September election. Let us show the World we are one people who will not give up democracy until it is achieved.
Dated the 27th April, 2004
Article 45 Concern Group