Much ado about nothing
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.
By making much ado about nothing, and turning political issues into 'legal issues', the Hong Kong government is paving the way for Beijing to step in and take the helm in the constitutional review. Clearly, there is a sharp divide between Beijing leaders, for whom social stability should take precedence over political reform, and Hong Kong people, who consider democracy the only way to maintain stability. The democratic aspirations of Hong Kong people, namely universal suffrage in the 2007 chief executive election, and for the entire legislature in 2008, are not only legally permissible under the Basic Law, they are desirable if stability is to be maintained.
Hong Kong people should be trusted to elect their leader. While the public respects the sovereign power of Beijing embodied in the principle of 'one country', we also expect the promise of 'two systems' to be kept. We have never sought to deny Beijing a say in the process, and we have a right to be consulted at the same time. Should the resounding call for full democracy go unheeded, the legitimacy crisis engulfing the Tung administration will deepen, and stability, so much cherished by both Hong Kong and Beijing, will be undermined. Tension between the Hong Kong government and the people will be transferred to the central government, and may bode ill for the resolution of conflicting views between Beijing leaders and Hong Kong people.
To set minds at rest, the taskforce should fully reflect people's democratic aspirations, as well as inform us of the issues that concern Beijing. Above all, the taskforce is duty-bound to uphold what Hong Kong people want, namely democracy, and to see that the principles of 'one country, two systems' and a 'high degree of autonomy' are maintained.
The goal of democracy can only be reached through direct action and cannot be left to chance. I urge people to speak up for their democratic aspirations. It is important to tell Beijing that stability cannot be achieved simply with good intentions. Rather, it can only be achieved with a democratic political system that may rectify the systemic flaws ailing Hong Kong. Register and vote - the democratic camp needs your support. Only with a majority of seats in the legislature can democrats make the government more accountable, and stand a better chance of achieving full democracy in the 2007 chief executive election and the entire legislature in 2008. Yeung Sum is chairman of the Democratic Party and a directly elected legislative councillor
