I write regarding the significance of the words 'If there is a need to amend', 'gradual and orderly' and 'actual situation' in the Basic Law and Annex 1 as discussed over the last few weeks in the press. The words 'If there is a need to amend' in Article 7 of Annex 1 relate back to the need for amendment provided elsewhere in the Basic Law and annexes rather than postulating in themselves a separate and vague condition for amendment. They are general words of a recapitulative or linking function rather than constituting a substantive condition. The mandated 'gradual and orderly' change does not include 'no change', 'intermittent change', 'stalling' or 'backtracking'. Hong Kong's 'actual situation' includes the fact that it is a vibrant western-style economy - regularly voted the freest in the world - emerging from colonial rule, whose people now want to be able to vote for their leader according to democratic principles. For better or worse, Hong Kong is subject to market forces and it is imperative to maintain market confidence to keep it strong. Every step towards democracy in Hong Kong has inspired renewed market confidence. Every attempt to diminish democracy in Hong Kong has damaged market confidence. Hong Kong's actual situation also includes its constitution under the Basic Law as a special administrative region, unlike any other in China, with the grant of special rights and responsibilities and a mandated gradual and orderly progression towards universal suffrage. The amendment mechanism in the Basic Law and annexures provides the flexibility necessary to match electoral provisions to Hong Kong's actual situation as it develops. A suitable amendment for the 2007 election would be to amend Article 5 of Annex 1 to replace 'The Election Committee' with the words 'The people of Hong Kong' or with some other words that achieve that substantive effect, such as 'The chief executive shall be elected by universal suffrage by secret ballot on a one-person-one vote basis from the list of candidates nominated by the Election Committee. The specific election method shall be prescribed by the electoral law.' The candidates would still be nominated by the Election Committee as per Article 4 of Annex 1. They presumably would have sufficient experience in business and society to allay concerns as to the smooth running of the economy and the stability of the region. By the time you have three or four elections on that basis, progressively amending Article 4 of Annex 1 for each subsequent election to expand the base of candidates and adjust necessary parameters as required by the actual situation, it will be 2030, but you will have proceeded to that point in a gradual and orderly fashion in accordance with the Basic Law rather than leaping in at the last moment. The proposal to do nothing until 2030 would be disastrous and contrary to the Basic Law. The fact of democracy in Hong Kong does not of itself change relations with the central government, nor can it effect any change to the political structure in the rest of China. The Oxford Dictionary defines democracy as: 1a. a system of government by the whole population, usually through elected representatives; b. a state so governed; c. any organisation governed on democratic principles; 2. an egalitarian and tolerant form of society. The desire for democracy in Hong Kong expresses the natural longing of the people to emerge from rule by colonial governors and to grow towards the form of government and society most appropriate to their actual situation. It is not in opposition to unity with China or aimed at changing China or challenging the central government. It is about Hong Kong. The actual situation of Hong Kong is that its people have already experienced a level of freedom and a system of individual freedom years ahead of the mainland. This is simply an historical fact and is another important factor in the 'actual situation' in Hong Kong. Not only would it not be appropriate to resile from the democratic path, it would be contrary to mandated gradual and orderly progress towards universal suffrage. Since the next election is in 2007, it would be best to start moving towards this goal now to ensure orderly progress. The actual situation in the rest of China is different to that of Hong Kong, but the acceleration in the opening up of the mainland and the new flow of freedoms have brought success and promise greater success. A democratic China would be the world's largest democracy. ALLAN WOODLEY, Lantau
