The debate over the pace of democratisation in Hong Kong seems to get more muddled each time the so-called 'guardians' of the Basic Law display the extent of their erudition. Thus, we were told by legal expert Xiao Weiyun, during his first visit to Hong Kong to discuss the subject, that direct election of the chief executive in 2007 is out of the question because, if the drafters of the Basic Law had intended that to happen, they would have written it into the law.
Of course, the drafters did not write into the law anything to indicate that they did not intend the chief executive to be directly elected in 2007, either. But that, it seems, is beside the point. Since the Basic Law is silent, it is up to the guardians of the Basic Law to interpret that silence.
After the guardians declared that all those in positions of importance in the government and the legislature have to be 'patriots', many scoured the Basic Law looking for some indication that this is a legal requirement. Now, we are told, 'of course it is a requirement. We did not write it in, but that does not mean it's not there. It is in the spirit of the Basic Law. And we will tell you what the spirit is'.
Hong Kong people are also receiving an education in democracy. There is real democracy, we are told, and fake democracy, and we must not mistake one for the other. Only the guardians can tell the difference. When it was pointed out that the Chinese government, in 1994, had unambiguously declared that the legislature from 2007 on could be elected any way the people of Hong Kong desired, the ever-vigilant guardians declared that certain people were using quotations selectively and giving the words meanings that were not intended.
As it happens, I have uncovered another quotation, this one from Lu Ping, director of the Hong Kong and Macau Affairs Office and published in the People's Daily on March 18, 1993. Speaking of the election of the legislature, Mr Lu said: 'As for how the legislature will be constituted after its third term [2008], all that is needed is for two-thirds of legislators to approve, the chief executive to give his consent, and then report to the standing committee of the National People's Congress for the record. There is no need for central government approval. How Hong Kong develops democracy in the future is entirely within the autonomy of Hong Kong.' Perhaps the experts will enlighten us as to the real meaning of these words.
These legal experts are really something to behold. They can tell you not only what the written word means, but also what unwritten words mean. And they can tell you that words that meant something a decade ago now mean something entirely different. All this brings to mind Through the Looking-Glass, and the wonderful conversation between Alice and Humpty Dumpty.
Humpty Dumpty pointed out to Alice that it was far better to receive 'non-birthday presents' because there are 364 occasions for this a year.
