Cool heads needed to get Hong Kong on the right path towards democracy
Andrew Leung says Hong Kong has not reached a 'now or never' moment in its democratic development, as supporters of Occupy Central seem to believe, and calm negotiation is best
Amid the political reform controversy, Beijing is often portrayed as reneging on its promise of universal suffrage, trampling on Hong Kong's high degree of autonomy, turning a deaf ear to people's demands for democracy, and quietly eroding Hong Kong's freedom of expression. So, the argument goes, it's now or never between purgatory and paradise, and let's "Occupy Central" if we must, to force Beijing's hand.
As Hong Kong awaits the National People's Congress Standing Committee pronouncements later this month, a little cool-headedness will not be remiss.
As Chief Secretary Carrie Lam Cheng Yuet-ngor has pointed out, universal suffrage was not spelt out in the Joint Declaration. It was Beijing's idea in the first place to introduce it in the Basic Law, a national law of the People's Republic of China. Beijing has no reason to risk its international credibility by eating its words. Indeed, its recent statements make this clear.
Under "one country, two systems", Beijing has never allowed, let alone promised, that Hong Kong people can have a completely free hand in choosing who they want. In accordance with Article 45 of the Basic Law, the selection of the chief executive must be "by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures". No alternative is contemplated, nor is there any provision to allow the nominating committee to delegate or dilute its collective power of nomination.
Legally, this rules out direct nomination by other means, including public nomination.
Article 45 of the Basic Law aims to minimise the chance of someone being elected in the rough and tumble of universal suffrage who may intend to subvert the Communist Party in Beijing. This doesn't mean that the chief executive must be a Communist Party member, nor that he or she may not stand up to Beijing in defending Hong Kong's interests. If it were so, the "two systems" would wither in the eyes of the world. But it does mean that no chief executive can be allowed to lead Hong Kong into becoming a base for subverting the mainland regime. This is the "one country" side of the bargain.