THE territory's electoral laws are still in flux. But while nothing can be guaranteed after 1997, what is in place before the change of sovereignty must represent the best democratic practice and not be marred by inequities left over from a different era. The rule that candidates should have been ordinarily resident in Hong Kong for 10 years immediately before an election is an anachronism. It was intended to keep out recent arrivals from China at a time when illegal immigration was less strictly controlled. In today's world, that rule is, as Mr Justice Cheung described it in his landmark judgment this week, 'irrational and disproportionate'. The beneficiary of that ruling, Lau Shan-ching, who spent much of the past 10 years in prison in China for 'counter-revolutionary activities' was given leave to stand for election when the initial judgment was delivered last month. But the Government made no move to amend the law until the judge gave his reasons.
Now the judgment is available in full, the Government should resist the temptation to appeal. Why come out in defence of the irrational; why undermine the territory's fragile democratic framework, when a workable, rational alternative is available? The Bill of Rights guarantees every permanent resident's right 'without unreasonable restrictions' to be elected. So be it. Anyone who was born in Hong Kong or has ordinarily resided in the territory for seven years can become a permanent resident. Mr Lau was a permanent resident before his imprisonment and did not lose that status as a result. Neither does a permanent resident who goes overseas to study nor do business. Instead of insisting on an unjust and outdated rule, the Government should rush an amendment through the Legislative Council to make any permanent resident eligible to stand for election in time for September's Legco polls.
At the same time, it should amend the rule - not invoked in Mr Lau's case - that a candidate must not have been sentenced to more than three months in prison inside or outside Hong Kong within the previous 10 years. It is absurd that Mr Lau could have been penalised for a crime not recognised in Hong Kong law.
The Governor has staked his own and, arguably, Hong Kong's future on free, fair and open elections. Here is an opportunity for the Government to put that commitment into practice by levelling the playing field for all.
