Under national security law, Hong Kong can be pro-democracy without being anti-China

Speculation about the impact of the law must give way to a democratic agenda for Hong Kong crafted for these post-security law times
Democratic development is painstaking, slow work, but the fruit of the labour will benefit not just Hong Kong, but also help it fulfil its role as China’s international city

Kerry Kennedy

Published: 9:00am, 15 Jul 2020

Why you can trust SCMP

There is never-ending speculation about the national security law, officially known as the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region. The emphasis here is on speculation since the real impact of the law will only be known once a Hong Kong court delivers a verdict.

The problem with speculation is that it is largely uninformed, irrespective of whether it is being promoted by the media, the “yellow” camp, the “blue” camp or the Hong Kong government itself. Such speculation is unhelpful.

Should books be removed from libraries? Was the pro-democracy camp’s unofficial primary election contrary to the national security law? Is chanting pro-independence slogans really illegal? Will Legislative Council candidates who do not support the security legislation be disqualified from standing for election? These are not illegitimate questions, but endless speculation will not provide answers.

What’s more, while the community focuses on the possible impact of the national security law, attention is being diverted from a legitimate democratic agenda for Hong Kong. This agenda has been blurred since 2014. Now is the time to reinstate a democracy agenda that Hong Kong can craft in these post-security law times.

02:19

Hong Kong national security law leaves ‘Lennon Walls’ in restaurants blank, protest posters out

Some will say this is naïve as long as the spectre of China hangs over Hong Kong. But this is to ignore the reality that Hong Kong is China. The task is to work within the legitimate and accepted boundaries that give Hong Kong this status.

Being anti-China is not necessarily being pro-democracy – this is the tragic misunderstanding shown by much of the international media. Hong Kong needs a strong democratic agenda for the future in order to fulfil an important role it can play as China’s international city.

Hong Kong protest movement is more populist than pro-democracy

To make a start on this agenda is to recognise Hong Kong is not a democracy and has never been a democracy. Different international agencies attest to Hong Kong’s current democratic status. For example, Britain’s Economist Intelligence Unit classified the city as a “flawed democracy”, giving it 6.02 out of 10 points. In its latest assessment, Freedom House classified Hong Kong as “partly free”, with a score of 55/100. These kinds of rankings examine areas such as electoral processes, governance, political participation and civil liberties.

What is more, while Hong Kong’s scores are modest, not a single Asian country is classified as a “full democracy”. According to the Economist Intelligence Unit’s Democracy Index 2019, liberal democracies such as South Korea and Japan only make it to the top of the “flawed democracy” list. Hong Kong is in good company!

Yet the important point is that foundations exist in Hong Kong for further democratic development. These foundations provide a pathway to the future. The challenge is to keep them alive, and indeed to grow them in line with the Basic Law.

02:31

What is the Basic Law of Hong Kong?

In meeting this challenge, it is important to understand democracy is not just an abstract idea. Democracy’s strength in any society is embedded in social and political institutions designed specifically to support its growth and development. Building democracy is essentially about developing these institutions.

In Hong Kong, these institutions include, among others, the judiciary, the legislature and the executive government, voting rights, civil rights and bodies like the Equal Opportunities Commission. These institutions are the mainstays of democracy and they represent the agenda for future democratic development. Develop these institutions and you develop democracy.

Where to start? For many, elections represent the essence of democracy and this was demonstrated with the Occupy movement in 2014. Yet it has been shown recently that elections, even democratic elections, are fraught with problems. In places like Poland and Hungary right now, democratic elections support authoritarian governments.

Elections are important, but they are not the core of a democratic state. The core of any democracy is its judicial system. Its main qualities are independence and commitment to the rule of law.

Hong Kong’s judiciary is exactly what you would find in any democracy. Independent of government, committed to judgment using the law and committed to a fair and just legal system. Its status is guaranteed by the Basic Law and it needs to be treasured as a part of Hong Kong’s future. Any attack on the judiciary is an attack on democracy. Preserving an independent judiciary is preserving democracy.

Beijing must respect Hong Kong courts’ interpretation of law

Hong Kong’s legislature, the Legislative Council, is partly democratic. Over half of its members are elected directly from geographic constituencies, with all permanent residents having the right to vote. The rest are elected from functional constituencies by a very limited electorate of businesspeople and professionals.

Some major reforms were made in 2010, so the agenda for further reform remains open. Ensuring fair and equitable representation is an important democratic principle. Moving towards a fully democratic legislature is an important goal for the future.

Popular election of the chief executive is an aspiration of both the Basic Law and probably the majority of Hong Kong people. It is an obvious step in Hong Kong’s democratic development.

But we need to understand that democracy takes time to develop. In Britain, successive reform acts in 1832, 1867, 1884 and 1911 moved the country slowly but inexorably towards great democratic development. Democracy takes time, perseverance and commitment. Instant democracy has never been on the agenda.

Hong Kong’s democratic future lies in the development of its institutions. This is not a radical agenda, but it is a democratic agenda and it is achievable in these times of the national security law.

Kerry Kennedy is professor emeritus and adviser (academic development) at The Education University of Hong Kong

Post