Two systems, one clear division
Under 'one country, two systems', conflict may arise where the two systems converge - such as when mainland officials interfere in Hong Kong's internal affairs. The two systems also come together in another way: when Hongkongers serve on mainland political bodies like the National People's Congress and the Chinese People's Political Consultative Conference.
In March 1998, not long after the handover, mainland leaders decided that Hong Kong members of these bodies should not interfere in the special administrative region's (SAR) internal affairs. Then-president Jiang Zemin and Li Ruihuan , chairman of the CPPCC at the time, both said that Hong Kong citizens who are members of the two bodies should not take part in the SAR's own politics.
Local deputies of the NPC, Mr Jiang said, 'would only represent Hong Kong compatriots to participate in the running of state affairs on the mainland'. That is to say, it is not the job of the NPC to run Hong Kong. Mr Li made similar comments about CPPCC members.
What brought about the admonition to Hong Kong members were remarks by publisher Xu Simin, who said the city's chief executive was unable to control critical broadcasting on RTHK. Mainland leaders clearly considered the remarks inappropriate.
Their view seemed to be that anyone who had joined a mainland political body had, in effect, joined the mainland system - and hence should not be involved in the Hong Kong political process at the same time.
Now, however, the mainland's view seems to have changed somewhat. Jia Qinglin , the current chairman of the CPPCC, has told Hong Kong members to take a more active part in the city's political life, including speaking out on issues affecting its stability and prosperity.
True, Mr Jia is not encouraging Hong Kong members to criticise the government, but rather urging them to uphold the authority of the chief executive. 'I hope all CPPCC Hong Kong delegates can play a greater role in defending the government on major issues, assisting the government with a better grasp of public opinion and gauging public support,' he said.
However, helping the government to understand public opinion better can be interpreted very widely, and Hong Kong delegates will no doubt take advantage of this. Besides, many Hong Kong delegates were never really inhibited in the first place. Whenever commenting on Hong Kong affairs, they would say that they were not doing so in their mainland capacity, but were wearing a Hong Kong hat - as a member of the Legislative Council or some other body, or simply as a Hongkonger.
Moreover, Chief Executive Donald Tsang Yam-kuen is taking steps to involve NPC and CPPCC members more deeply in Hong Kong affairs, by appointing them to various advisory bodies. The tendency, both in Hong Kong and Beijing, seems to be to fudge the line between the two systems.
It would be far better to draw a clearer line between them. One step would be to insist that no one can be both a mainland and a Hong Kong representative. Thus, anyone who is with the NPC or CPPCC should be barred from holding office in Hong Kong, and vice versa.
In the past, Hong Kong forbade anyone who served in another legislature from sitting in the Legislative Council. It is time to consider reinstating this restriction.
There is clearly a conflict for someone to claim to serve the interests of one system through the Hong Kong legislature, and at the same time to serve the interests of the other system in the NPC and CPPCC.
But calling for a clearer line to be drawn between the two systems at this time is likely to be as effective as King Canute commanding the tide not to come in.
Frank Ching is a Hong Kong-based writer and commentator
