The rehashing of an issue which has already been decided - elections in 2007 and 2008 - through the referendum debate is interesting for many reasons. In itself, it is yet another chapter of civic education, not so much for the Hong Kong public, but for members of the Legislative Council.
Contrary to what some may want us to think, it is not a question of whether a referendum is good or bad. Debate over the virtues and vices of referendums has a long history in most parts of the world. Discussions are never easy; a referendum means different things to different people and has vastly different effects. Be that as it may, Fernando Cheung Chiu-hung's idea is certainly not a noble one. There are legitimate reasons why referendums are not part of Hong Kong's Basic Law.
As members of Hong Kong's lawmaking body, we should know better than anyone that our actions must be rooted in the law. Unfortunately, the debate over Dr Cheung's call for a referendum is futile, because there is no legal basis for the referendum.
Some people would like us to believe that a non-binding referendum is harmless and that anyone who stands in the way of such an 'innocent' exercise is the enemy of democratic development.
They would, however, like us to forget that there is a political legitimacy in a non-binding referendum that has far more damaging implications than mere 'law talk'.
In March 2000, the Venice Commission of the Council of Europe published its opinion on consultative referendums. It said: 'A consultative referendum is not legally irrelevant. By giving the people the possibility to express their opinion, pressure is put on the elected bodies to abide by the will of the people. Therefore, the possibility to have recourse to a consultative referendum has an important influence on the balance of powers between the state organs.' Hence, the influence is not of a legal nature, but a political one - one that has the potential to challenge the balance of power between Hong Kong and the mainland. In the case of a referendum, it is a challenge to our sovereignty by a few in the name of the public.