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Selections of the chief executive and legislators are not purely an internal affair of Hong Kong.
The point was made by four mainland legal experts while expressing their views on reviewing Hong Kong's political system. There is no doubt that they represented the stand of the central government.
President Hu Jintao said earlier that the central government was very much concerned about the development of the SAR's political system. He made the remark after Chief Executive Tung Chee-hwa briefed him on the opinions of local people during a meeting in Beijing, where Tung paid a duty visit. Obviously, the central government has its own specific opinion.
According to the provisions of Annex I and II of the Basic Law, the crucial and fundamental issue is whether there is a need to amend the selection method of the chief executive or the formation method of the Legislative Council for the term subsequent to the year 2007.
It is believed that the answer is "yes" for the general public after the July 1 march and the November 23 District Council elections. The basis would be the provisions of Articles 45 and 68 of the Basic Law.
Any amendment would require the following three steps: a. the endorsement of a two-thirds majority of all members of the Legislative Council; b. the consent of the CE; and c. to report to the Standing Committee of the National People's Congress for approval if related to the CE's selection method, or for the record if related to the Legislative Council's formation method.
From the above-mentioned provisions, both the HKSAR and Beijing should have their respective functions and powers to such amendments. Obviously, the amendments need to be endorsed by the NPC's Standing Committee and such endorsement either for approval or for the record as stated in the Basic Law is the real power to do so and not a rubber stamp.
So, if Hong Kong people would like to decide on reviewing the political system unilaterally without consideration of Beijing's view, the NPC's Standing Committee could have no alternative but to reject this. Thus, the HKSAR's political system is not simply and purely an internal affair of the HKSAR, but is an affair of the relationship between the central authorities and the HKSAR, and therefore, how it should be conducted ought not to be determined solely by Hong Kong people.
According to the provisions of Articles 45(2) and 68(2) of the Basic Law, the method for selecting the CE or the method for forming the Legislative Council to be amended shall be specified in the light of the actual situation in Hong Kong and in accordance with the principle of gradual and orderly progress.
President Hu therefore reminded Hong Kong people that the Basic Law has already decided the development of Hong Kong's political system to proceed in line with the actual conditions in Hong Kong and should progress according to the step-by-step principle.
However, Hong Kong people should realize that the ultimate aim for the selection of the CE is by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.
It should, then, be remembered that the selection of the CE by universal suffrage without going through such nomination process is clearly not in compliance with the Basic law.
Some, particularly democrats, have advocated accelerating Hong Kong's political development. However, in order to uphold the authority of the law and the principles of "One Country, Two Systems" and "Hong Kong People governing Hong Kong" and "high degree of autonomy", the Basic Law should be complied with and the political review should be conducted in the manner as provided.
Of course, different views should be expressed but should not go to any extremes. It is advisable to prevent different views from being in conflict. Rational, reasoned and objective debates and discussions would be constructive and likely the right way to narrow misunderstandings.
Now is believed to be the right time for the HKSAR government to start conducting a consultative process on the matter so that it could arrive at a broad-based consensus within the framework of the Basic Law. The result of that would then be satisfactory to both the central authorities and the HKSAR.
All in all, legal issues cannot be solved other than by legal measures -- not political ones.
The author is a doctor of laws
(China Daily HK Edition December 16, 2003)
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