Standing Committee to interpret Basic Law; LegCo meeting requested amid fear for future of 'one country two systems'

The Central Government announced on 26 March that it will interpret key provisions in the Basic Law on Hong Kong's democratic reforms. The Standing Committee of the National People's Congress will discuss its interpretations of Article 7 of Annex I and Article 3 of Annex II of the mini-constitution at its meeting scheduled between 2 and 6 April. These articles concern the selection of the chief executive and the election of the Legislative Council subsequent to 2007, prompting concern from critics that this move will thwart attempts to implement universal suffrage in 2007.

Article 7 of Annex I states: If there is a need to amend the method for electing the chief executive for the terms subsequent to the year 2007, such amendments must be made with the endorsement of a two-thirds majority of all members of Legco and the consent of the Chief Executive and approved by the NPC Standing Committee. Article 3 in Annex II states: In regard to the method of forming the legislature ... if there is a need to amend the provisions, such amendments must be made with the endorsement of a two-thirds majority of all the members of the [Legco] and the consent of the chief executive, and they shall be reported to the NPCSC for the record.

Pro-Beijing forces in Hong Kong and on the mainland have welcomed this move as a definitive guide to the Basic Law and the timeframe for democratic reforms in Hong Kong. Similarly, in a signed article published by China Daily on 26 March, Basic Law drafter Wang Zhenmin declared his support for the decision, calling it "extremely necessary", "completely compliant with the Constitution and the Basic Law" and "very important in ensuring the comprehensive and accurate implementation of the "one country, two systems" principle and the prosperity and stability of Hong Kong". Similarly, Chief Executive Tung Chee-hwa called the interpretation "a good thing for Hong Kong", a move which will "help us to move forward and to put an end to the endless wrangling." He added, "the earlier the interpretation is done, the better." He dismissed claims from critics in the democratic camps that this would undermine the high degree of autonomy of the SAR and would deal a colossal blow to the principle of 'one country two systems'. Tung also announced that the Constitutional Development Task Force will meet members of the NPC Standing Committee to reflect the opinions of the public collected in the past two months and the position of the HKSAR government on these issues.

Chief Secretary for the Administration Donald Tsang also commented on the interpretations, welcoming them as an inevitable step and a means of avoiding court disputes. "The last thing we would like to see would be litigations ... We could not afford to face a lengthy period of uncertainty resulting from such litigations, which would create instability," he said. He also confirmed that the Standing Committee would discuss whether to interpret 'universal suffrage in 2007' as inclusive of 2007 or subsequent to 2007. However he refused to comment on the details of this. "We are only discussing the legal issues", he said. "We have yet to move onto electoral proposals."

Addressing a symposium on constitutional development on 27 March, Stephen Lam, Secretary for Constitutional Affairs, also welcomed this development as beneficial for Hong Kong. He said that the interpretation of the Basic Law will not harm either the implementation of "one country, two systems" or the high degree of autonomy in Hong Kong. Lam argued that the interpretation is in full accordance with Article 62 of the Constitution, which states that the Standing Committee of the National People's Congress is responsible for determining the constitution of the Hong Kong SAR.

The pro-Beijing media have also welcomed the plan to interpret the Basic Law provisions as timely and significant, a move which will create "consensus" over constitutional development. Newspaper Takunpao commented that the central authorities are contributing greatly to Hong Kong's constitutional development, which has markedly raised Hong Kong people's understanding of the Basic Law. Wenweipo said that "great deeds" since the handover have proved that the central government is determined to carry out the principle of "one country, two systems" and the Basic Law.

Critics from the democratic camp have responded that the Chief Executive and the taskforce are ignoring the public's views and that they should have opposed the decision. They called on the taskforce to ask the National People's Congress Standing Committee to withdraw its decision to interpret the Basic Law when the two meet on 30 March.

Rose Wu Lo-sai, convenor of the Civil Human Rights Front, which represents 52 political, religious and social groups in Hong Kong, indicated her disappointment that Tung and the taskforce have endorsed Beijing's decision to interpret provisions in the Basic Law. "They have all along ignored the demands expressed by the Hong Kong people and failed to respect the Hong Kong people. They don't have the right to claim that they are the leaders of Hong Kong," Ms Wu said. She added that various public opinion polls and the mass rallies on July 1 and January 1 clearly reflected people's demand for democracy. "This showed that only those leaders returned by universal suffrage will speak up for the Hong Kong people," she said. Ms Wu urged the taskforce to ask the NPCSC to withdraw the decision.

Similarly, Democratic Party lawmaker Cheung Man-kwong said: "From the beginning to the end, the taskforce has succumbed to the authority of the central government…" Mr Cheung also criticised Tung for acting like a "primary student reciting words" of the mainland officials. Former Bar Association chairman Ronny Tong Ka-wah, of the Article 45 Concern Group, said that there was nothing unclear about the provisions, and that such an autocratic move to handle the issue of constitutional reform was unnecesssary. He added that this would damage confidence in "one country, two systems" principle, Hong Kong's high degree of autonomy and the rule of law.

Lee Wing-tat, the Democratic Party's vice-chairman, commented that the party was considering another mass rally, "similar to the July 1 mass demonstration". "If the interpretations rule out universal suffrage in 2007, we will organise a march," he said.

On 29 March, all 22 pro-democracy legislators signed a joint request to Legislative Council chairwoman Rita Fan asking her to convene an unprecedented Council meeting for 2 April to debate the proposed interpretation of the Basic Law.

Democratic Party chairman Yeung Sum said the request, the first of its kind in Legislative Council history, was urgently needed before the NPC Standing Committee begins its discussions on April 6. Yeung commented that the action to interpret parts of the Basic Law which deal with the selection methods for the Chief Executive and LegCo infringed on promises to give Hong Kong a high degree of self-autonomy and affected both the integrity and credibility of the Basic Law. "If the NPC could freely give its re-interpretation of the Basic Law at its will, the law would become meaningless,'' he said. "It would also irrecoverably damage the foundation of [Hong Kong's] stability, which was always protected under `one country, two systems'." Similarly, legal sector legislator and Article 45 Concern Group member Margaret Ng commented, "If the re-interpretation is aimed at resolving disputes in the community, the central government can also give its re-interpretations of the definitions concerning the actual situation of Hong Kong and the principle of gradual and orderly progress as stated in Article 45 of the Basic Law, … If they were to stick to this way of thinking, then the Beijing government can deliver its re-interpretations to resolve any dispute related to the Basic Law in the future.''

Chief Secretary Donald Tsang, who also heads the Constitutional Development taskforce, meets NPC Standing Committee members in Shenzhen on 30 March and will attend a special meeting of the LegCo constitutional affairs panel on 31 March. However, the democrats maintain that the special meeting is still necessary.

Fourteen days' notice is normally required for any Legco meeting. However, pro-democrats hope that LegCo President Rita Fan would override this rule because of the urgency of the discussion. A spokesman announced on 29 March that Fan had already received the letter and was considering the request. Fan may refuse the request on the grounds that the constitutional affairs panel special meeting would be adequate. Should this be the case, Democratic Party chairman Yeung Sum said he did not rule out further action.

The democrats also said they hoped that Chief Executive Tung Chee-hwa would attend to explain to the public the necessity, reasons and legal grounds of the re-interpretation by the Standing Committee of the NPC. In response, a spokeswoman for the Chief Executive's Office said they were still considering whether Tung would attend the meeting if it is approved.

The pro-government Democratic Alliance for Betterment of Hong Kong said it opposed the request for a special meeting. "The Basic Law clearly states that the central government has the power to re-interpret [the laws]. We do not see the urgency for such a meeting,'' Ip Kwok-him, the party's vice-chairman said.

Meanwhile, a protest was staged on March 29 as 30 demonstrators from the Civil Human Rights Front and the April 5th Action Group demanded that the Standing Committee halt its imminent interpretation of the Basic Law. They said that the move would deny people the chance to discuss the future of democratic reform, as the interpretation would inevitably set the tone for constitutional development regardless of the public's wishes. They announced that more than 5,000 protesters would gather on Thursday for a candle-lit rally in Chater Gardens in Central in opposition to the interpretation.

Meanwhile, members of The Frontier also protested outside the Central Government Offices, accusing Chief Executive Tung Chee-hwa of shirking his duty to protect Hong Kong's autonomy. The protesters, led by legislator Emily Lau Wai-hing and Convenor of the party, said that Tung had failed to convey to the central government the general demand in Hong Kong for a swift implementation of universal suffrage.