Work on a constitutional review came to a sudden halt after President Hu Jintao told Chief Executive Tung Chee-hwa that political reform in Hong Kong could only be pursued after consultation with Beijing, and four mainland legal experts had given their views on the central government's role.
Hong Kong people had been expecting an announcement on the timetable for political reform in Mr Tung's policy address. Instead, he announced that a taskforce would be set up on constitutional development to examine issues relating to the understanding of the principles and relevant provisions of the Basic Law.
The 'legal issues', according to the taskforce, are the legislative processes for amending the methods used to select a chief executive and for electing the Legislative Council; whether Article 159 of the Basic Law should be invoked if the amendment procedures as set down in Annex I and Annex II are used; whether such amendments involve constitutional provisions; the methods for forming the fourth and subsequent terms of Legco; and how the phrase 'subsequent to the year 2007' should be understood.
The legislative processes for amending the methods to select the chief executive and for electing Legco members are stipulated in Article 45 and 68, as well as in Annex I and II. Had Basic Law drafters considered any other conditions important, they would have written them in. The taskforce also made clear that 'the understanding has always been that the amendment procedures in Annexes I and II are self-sufficient and that the amendment procedures in Article 159 of the Basic Law would not apply'. Further, it said: 'There is another view that any amendment to the methods as prescribed in the annexes is tantamount to amending the Basic Law itself.' If this is the case, Article 159 needs to be invoked.
It is perplexing to know where these 'legal issues' come from. If they were of serious concern, it would have been a grave dereliction of duty on the part of the Constitutional Affairs Bureau for failing to raise them while it conducted an internal study on reform.
The fact that such issues suddenly arise reflects the serious concerns in Beijing. Basic Law drafter and legal expert Xiao Weiyun sought to remind us that the interests of 'one country' took precedence over 'two systems', and that Beijing has the final say and 'will exercise its authority until the end' on Hong Kong's constitutional reforms.