The principle of balance
During the past few years, local politicians have constantly used the Basic Law as a battleground against the Hong Kong and central governments. As we celebrate the 100th anniversary of Deng Xiaoping's birth, it is a good time to remind ourselves of the 'one country, two systems' concept that he crafted, and how it has shaped the way of life in Hong Kong.
The National People's Congress does not have completely free rein over the Basic Law. 'One country, two systems' was prescribed and interpreted by the Joint Declaration, signed by the British and Chinese governments. They examined the legal, monetary, transport, health and political systems of Hong Kong in 1984 and agreed on a basic policy for each, ensuring they would not change for at least 50 years. The Joint Declaration insisted that Beijing pass legislation called the Basic Law which would contain all these policies.
In approaching the Basic Law, therefore, we should first look at what was guaranteed. These guarantees must be insisted on by everyone concerned. If 500,000 people took to the streets today and Beijing yielded to their requests and made a change in the basic policies, then the law could become a Trojan horse. In effect, this would mean there was no rule book. If the people of Hong Kong demanded full democracy immediately, and the central government today changed the Basic Law - in contravention of the basic policies - then tomorrow, it could make another change. What authority would the Joint Declaration still have?
My political stance can be likened to the concept of 'one country, two systems'. I think that it is quite wrong to label a person pro-Beijing. If you are not pro-Beijing, are you pro-London, or pro-Washington?
The label is very wrong and derisive. It causes unnecessary divisions and conflicts within society. I sincerely believe in 'one country, two systems'. In terms of 'one country', I am a patriot; I love China, and I am very proud of its amazing achievements since the Cultural Revolution. China is now a leader in the global economy; it is a huge advancement.
China is a very difficult nation to administer because of its sheer size and diversity. There is no doubt that the central government has exhibited utmost good faith and sincere intentions in securing a prosperous and stable society for Hong Kong. It is trying to fully embrace the rule of law. But that cannot be achieved overnight. At the last meeting of the National People's Congress, the constitution was amended to incorporate freedoms and land ownership.
In terms of 'two systems', I believe strongly that Hong Kong's way of life and systemic differences from the mainland should be jealously guarded.
China is culturally strong, with its own needs and character, and one should not import, wholesale, western attitudes and values in judging and condemning its institutions and systems. Its present direction should be encouraged; its successes will not only benefit the mainland, but Hong Kong as well.
Having a positive approach to 'one country, two systems' means not losing a sense of balance. Thus, we can secure benefits from both aspects of the principle. We should get the best economic benefits out of 'one country', while maintaining the systematic differences between the 'two systems'. This would result in a win-win situation for Hong Kong.
Alan Hoo SC is chairman of the Basic Law Institute and a Chinese People's Political Consultative Conference delegate
