Keep pursuing the ultimate prize
After months of discussion on political reform and the possibility of democratically electing the chief executive through one person, one vote in 2007 and all members of the Legislative Council in 2008, the central government abruptly intervened with its interpretation of two annexes of the Basic Law.
The swiftness of the interpretation, cloaked in secrecy, was breathtaking. On March 26, Beijing announced its intention to seek an interpretation from the Standing Committee of the National People's Congress. Ten days later, the job was done. Hong Kong people were only informed through a statement issued by Xinhua.
From now on, China's rubberstamp legislature will decide whether there is a need for electoral reform in the special administrative region, and Legco will have to get the NPC's approval before it can start any process to amend the electoral laws. It means that Beijing will exercise unambiguous control over constitutional reform in the SAR. This is despite a stipulation in the Basic Law that changes to the method for forming the legislature must be endorsed by a two-thirds majority and have the chief executive's consent - before being reported to the Standing Committee 'for the record'.
The interpretation also said that only the chief executive has the power to initiate change. Furthermore, it set a precedent, giving the Standing Committee the right to interpret Hong Kong's mini-constitution whenever and in whatever way it wants. The last interpretation was in 1999, over a Court of Final Appeal verdict on the mainland right-of-abode cases. That interpretation cast a long shadow over the independence and integrity of the judiciary and seriously undermined the rule of law.
This month's interpretation has turned the concept of 'one country, two systems' completely on its head and gravely undermined the SAR's 'high degree of autonomy'. In an attempt to placate anxious Hong Kong people, the Standing Committee despatched its deputy secretary-general, Qiao Xiaoyang, to explain Beijing's decision. Most of the media presented his public relations exercise in a positive light.
However, this cannot hide the fact that Beijing has moved with lightning speed to assert its control over constitutional development, leaving Hong Kong people with no say on their future. Some academics said the interpretation is only the beginning, and warned of more to come before the Legco election on September 12. The central government is said to have been shocked by the July 1 mass protest and was alarmed by the poor performance of the pro-Beijing Democratic Alliance for Betterment of Hong Kong in November's district council elections. Thus, it has decided to act swiftly to scotch people's desire for democracy.
Beijing has sent the signal that it has lost confidence in Chief Executive Tung Chee-hwa. In future, Hong Kong people will have to deal directly with central officials. Some analysts said that Beijing is particularly fed up with the SAR because its economic assistance appears to have achieved little. Beijing should understand that economic gifts cannot win hearts and minds. If it continues to exert pressure, voters may respond in a way that would be detrimental to the pro-Beijing and pro-establishment candidates in September.
Some people may regard the interpretation as a victory, since Beijing has asserted full control over electoral reform in Hong Kong. However, this drastic action may lead to the radicalisation of the pro-democracy movement.
In spite of the inauspicious development, I welcome the meetings between Beijing officials and pro-democracy Legco members, and hope that this will lead to more communication.
Politics is the art of the possible and all sides have to compromise, but the Basic Law interpretation has given Hong Kong people almost no room for manoeuvre. There is no doubt that world attention is once again focused on Hong Kong. The central government's blunt intervention has called into question the concept of 'one country, two systems'. Hong Kong people must stand up to defend their rights.
Emily Lau Wai-hing is a legislative councillor for The Frontier
