Dear Subscribers & Friends
What shall we make of the Chief Executive's
(CE) three concessions to the Article 23 national security Bill?
Very significant and serious
issues remain.
The public will likely be looking for reactions
from opinion leaders and shapers on what to think. They are also likely to feel
empowered since the concessions are a direct result of their show of
discontent.
A. Concessions - what are
they?
1. The CE said the government will introduce
amendments to the national security Bill AND for the Bill to be
passed on 9 July as scheduled.
2. The concessions are:
(a) Delete the proscription mechanism where
mainland organizations can be "proscribed" in Hong Kong.
(b) Introduce "public interest" defence for
disclosure of "state secrets".
(c) Delete the provision that gives the police
power to enter private property without a court warrant.
B. Why these concessions and
why no delay?
1. Concessions: "The concern of the people is with regard to these three
issues."
2. Delaying passage: "Everybody clearly
knows that we have the responsibility and constitutional duty to enact laws to
protect national security".
C. How the CE
thinks
The following is a summary of the CE's statement
from yesterday. How he sees the issues leading to the protest on 1 July and
how he sees Hong Kong going forward can be seen from the statement:
1. "My governance": People
protested because of the Article 23 Bill and "dissatisfaction over Government
policies, and over my governance in particular".
2. Matter of "race"?: Passing the
Article 23 legislation "is a matter relating to the national dignity and the
glory of the Chinese race. Safeguarding national security is the prerequisite
... for maintaining the good relations between Hong Kong and the
Mainland".
3. Pressing ahead: The government
must "press ahead" with passing the Bill because its our duty and "Our community
will be further divided if we remain undecided on this issue. Now, we are
proposing amendments to the three provisions that ... have in fact sparked most
of the controversies."
4. Stop agitating: "Division is
damaging to Hong Kong. Stability is the cornerstone of our success in the past.
I suggest everybody should reflect rationally about how to maintain stability in
Hong Kong and to properly manage some of the fundamental relationships, help
maintain our stability, including our relations with the Mainland and the
international community".
5. Its the economy?: "The most
pressing issue we face is to revive the economy". Lets pass the Bill "as soon as
possible" so that Hong Kong can "get our economy going again".
D. Last minute amendments
process
1. Meeting the opposition: The CE is
schedule to meet legislators in the opposition camp on Monday
afternoon.
2. Amended drafts: The amendments were
supposedly sent to legislators' office last night.
3. Last meeting: The amendments will be
discussed at a final meeting on Tuesday, a day before passage.
E.
Analysis
1. Legislative
coherence: The duty of legislators is to ensure that the laws
they pass have been properly drafted and considered. During the scrutiny
process of the existing Bill, legislators have already highlighted many
areas that needed redrafting and amendment, many of which the
government did not accept. With the rush to make further amendments and not
giving time for looking at how the entire legislation will hang together denies
Hong Kong a chance to be assured of a well drafted Bill.
2. Inherent
danger: Rushing such an important piece of law through harbours
danger for all concerned. For the government, unclear areas will hamper
the exercise of power. For the Central People's Government, poor drafting
could lead to problems. For example, the provisions relating to the right of
abode in the Basic Law itself was drafted too loosely and hence resulted in
court challenges. For the people, a poorly drafted law creates
unnecessary uncertainty of their rights.
3. Poor
prioritizing: The CE's priorities have never been in getting the
details right, which is dangerous for a government. For example, when he pushed
through the ministerial system in 2002, he did not spend time to tidy up the
respective duties of the ministers, which led to this being highlighted by the
review panel looking at the penny stocks incident; and also by the IMF last
month. The IMF criticised Hong Kong for a confusing system of overlapping
ministerial responsibilities. This problem was brought up during the short
legislative scrutiny process but ignored by the government at the time. The
government said then that it was important to push ahead. The government said it
would sort things out after the IMF's report on Hong Kong.
4. Issue of
time: When James Tien (head of Liberal Party and minister
without portfolio) returned to Hong Kong on Friday from a short trip to Beijing
and apparently met officials in-charged of united front work, he said that
he would propose to the CE that the government delay the Bill's passage to
"no later than 17 December". That seems to indicate that there was indication
from Beijing that a delay was possible. No doubt Tien will be questioned on this
by the media in view of the CE now deciding to push ahead.
5. What kind of
cabinet?: Tien is a member of the CE's cabinet and must abide by
collective responsibility. Many questions surround his visit to Beijing.
Presumably, he was asked to go by someone in Beijing rather than as the CE's
envoy. By speaking publicly on views that were different from those of the CE,
looks like Hong Kong has yet to decide what collective responsibility means in
the local context.
6. Interesting
apology: The DAB's Tsang Yok-sing, also a member of the cabinet
and minister without portfolio, issued an apology to the people yesterday for
his earlier statement that people protested because they were "misled".
7. CE's
mindset: There is a wide chasm between the CE and the people.
His linking of national security with being Chinese continues to make people
uncomfortable. His belief that once Article 23 is dealt with, he can get on with
the economy also misses the point that Hong Kong people's real issue with the CE
is how he sees and handles things. There will therefore likely be continuing
challenge to his leadership. The problem he has to face is that Hong Kong people
may just not want him to be CE anymore.
CHRISTINE LOH
Civic Exchange, Hong Kong's independent think
tank