Emily Lau: Letter to Hong Kong

 

On 7 January, the Chief Executive of the Hong Kong Special Administrative Region (SAR), Mr. C. H. Tung, delivered his annual policy address to the lawmaking Legislative Council (Legco). After the huge demonstrations on July first last year and again on New Year's Day, there was a strong feeling that Mr. Tung had no choice but to respond to the people's overwhelming desire for a quicker pace of democracy. However Mr. Tung delivered a bombshell instead.

 

After the huge demonstrations which attracted well over half a million people and the unexpectedly high voter turnout rate in last November's district council elections, it was clear that most Hong Kong people would like to have the power to elect the chief executive and all members of the Legislative Council by universal and equal suffrage.

 

The methods for electing the chief executive and members of the Legislative Council are laid down in the Basic Law, the SAR's mini constitution. According to Annex I of the Basic Law, the chief executive is chosen by an Election Committee consisting of 800 people, drawn mainly from the business, professional and pro-Beijing sectors, representing the well connected and the well heeled. In March 2002, Mr. Tung was re-elected unopposed by the Election Committee and will serve until July 2007.

 

As for the Legislative Council, Annex II of the Basic Law stipulates that it should have 60 members, of which 24 are directly elected from five geographical constituencies. Thirty are returned by so-called functional constituencies representing mainly the rich and the well-educated -- the same people who have a vote in choosing the Election Committee. The remaining six Legco members are chosen by the Election Committee.

 

In the Legislative Council election to be held in September this year, the number of directly elected seats will be increased from 24 to 30, while the six seats returned by the Election Committee will be abolished. The number of members returned by functional constituencies will remain unchanged. The 60 members elected in September 2004 will serve a four-year term until 2008.

 

Mr. Tung's poor performance in the last few years and the grave economic difficulties faced by the SAR have created strong impetus for change. Many people have been ravished by the economic downturn and are fed up with the unelected, unaccountable and incompetent government. They want to have more say over their own destiny and would like to have the right to elect the government.

 

Under the Basic Law, the SAR can move toward universal suffrage if the proposals for change have the endorsement of 40 members of Legco and the consent of the chief executive. Needless to say, the Central Government has an important role to play. Changes to the election of the chief executive have to be approved by the Standing Committee of the National People's Congress. Article 45 of the Basic Law also stipulates that the chief executive shall be appointed by the Central People's Government.

 

Changes to the election of the Legislative Council also have to be endorsed by two-thirds of the Legislative Council, approved by the chief executive, and have to be reported to the Standing Committee of the National People's Congress for the record.

 

These are incredibly difficult hurdles to overcome but most Hong Kong people believe that there is nothing inherent in the Basic Law which prohibits holding general elections in 2007 and 2008, so long as the requirements set out in the two annexes are satisfied.

 

In the past year, the Legislative Council has repeatedly urged the Tung administration to begin consulting the public on constitutional reforms. After all, this is a very complex and controversial subject and the community must be given ample time discuss, debate, analyze and to reach a consensus. It would also require Beijing's endorsement and new legislation. If a genuine election is to be held in early 2007 to choose the next chief executive, the candidates should be given many months to mount a proper election campaign.

 

Responding to the demands for change, the administration agreed to unveil a timetable for consulting the public before the end of 2003. When the promise was not kept, we should have suspected that something has gone wrong.

 

The bad news was finally delivered by Mr. Tung on 7 January. He said the Central Government has to be consulted before the SAR can start the process of constitutional reforms. Officials also revealed that plans for publishing a timetable for consulting the public was shelved because of intervention by Beijing.

 

On the third of December last year, Mr. Tung went on a duty visit to Beijing. He was received by the top leaders, including President Hu Jintao. On 7 January Mr. Tung told Legco President Hu pointed out to him the serious concern and principled stance of the central government towards the development of Hong Kong's political structure.

 

Mr. Tung also said the methods for selecting the chief executive and for forming the Legislative Council after 2007 would affect the implementation of the Basic Law and the relationship between the central government and SAR government. Thus Hong Kong needs to understand the full implications of these important issues before making arrangements for the review of the constitutional development.

 

Instead of unveiling plans to consult the people on political reforms, Mr. Tung announced the establishment of a Task Force headed by the Chief Secretary for Administration, Mr. Donald Tsang, and consisting of the Secretary for Justice, Ms Elsie Leung, and the Secretary for Constitutional Affairs, Mr. Stephen Lam. The Task Force will seriously examine these issues, particularly those concerning the understanding of the relevant provisions of the Basic Law, and to consult the relevant authorities of the Central People's Government.

 

The announcement was a big disappointment to the community. Instead of moving ahead with political reforms, Hong Kong officials are going to be stuck in endless meetings with Beijing. If past experience is any guide, there will be very little transparency and accountability. Such development is bad for Hong Kong and bad for China.

 

Since Hong Kong is a part of China, people expect the Central Government to have a say on the development of the political structure. But we had hoped that Beijing would give the Hong Kong people some freedom and space to express their wishes and aspirations.

 

The huge demonstration on July first has created a strong impression on the international community because it was such an orderly protest. The demonstrators were peaceful, determined and dignified, and their demands were so reasonable and all within the limits of the Basic Law.

 

Last year the government spent many months studying the Basic Law to see if the chief executive can be directly elected in 2007. In the end, it came to the conclusion that this is not a problem. I urge the administration to share its research with the community and to tell the central government that as far as the Hong Kong people and the legal community is concerned, there is no legal hurdle to electing the chief executive by one-person, one-vote in 2007.

 

Come to think of it, Beijing's intervention is as inevitable as night follows day. Fighting for democracy under Chinese rule is bound to be difficult and we must be prepared for a long hard struggle. In the months and years ahead, the Hong Kong people's principles, wisdom, courage and determination will be severely tested. I sincerely hope we will not be found wanting.

 

11 January 2004