Turning to Beijing is not the solution

As the debate about political reform progresses, Hong Kong people have been urged to better understand the Basic Law. It is a good idea but it is easier said than done. Working out precisely what the mini-constitution means is no simple matter and there are often conflicting views, even among experts. How then, it might be asked, can the differences be resolved and doubts removed?

One answer has been suggested this week by some of our city's deputies to the National People's Congress: why not ask the Standing Committee of the NPC to review Hong Kong's implementation of the Basic Law and then help us clarify outstanding issues? Some have gone even further, arguing that the law has been breached since the handover - even by the Legislative Council and the government. This, they maintain, shows the need for Beijing to take a more hands-on role in monitoring our city's observance of the constitutional requirements.

This suggestion has surfaced before. Taken to its logical conclusion, such a step would amount to a heavy-handed solution. It could see the Standing Committee literally laying down the law on contentious issues and helping make sure Hong Kong complies.

It might appear to be a tidy way in which doubts can be removed, but it is an idea that should be approached with caution. For rather than helping avoid future conflicts and crises, it could become a source of them. And, ultimately, the whole 'one country, two systems' concept might be undermined.

The basis for advocating a more active role for the Standing Committee arises from the Basic Law itself, which gives the body the ultimate power to interpret its provisions. The committee also has the right to reject laws passed in Hong Kong that breach the mini-constitution. But so far it has, wisely, used this power sparingly. Since the handover, it has not sought to invalidate domestic legislation and has only once delivered an interpretation. Even then, it was done reluctantly, during the right-of-abode controversy and at the request of the Hong Kong government.

Restraint by the committee has boosted confidence in the post-handover arrangements, for it respects the high degree of legislative and judicial autonomy that the Basic Law gives Hong Kong. We should therefore think carefully before inviting the Standing Committee to be more assertive.