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Letter to Hong Kong

Beijing leaders have kept hammering on us their views on constitutional reforms in Hong Kong. First, President Hu Jintao told Chief Executive Tung that constitutional development beyond 2007 should be in line with the Basic Law, and that the political system must develop in line with the Basic Law and the practical situations in Hong Kong. Then came the "warnings" from the four Mainland legal experts that constitutional reform is not the exclusive reserve of Hong Kong. State Councillor Tang Jiaxuan joined the chorus by saying that Hong Kong's political system must develop in accordance with the Basic Law.

What Hong Kong people are striving for fall within the framework described by the Beijing leaders. The last six years of Tung's governance have shown that the lack of democracy is at the heart of many problems. Hong Kong people turn the long-simmering frustrations with the government into a clamour for democratic reforms, with the specific goals being direct elections for the Chief Executive in 2007, and for the entire legislature in 2008. One must reckon that these demands are entirely in line with the Basic Law.

Democratisation has surged on the list of priorities of Hong Kong people, as proven in the historic protest on 1 July, and the massive turnout in the district council elections. The message is clear- it is a resounding call for democracy. The Basic Law requires that any reforms be made in accordance with the actual situation in Hong Kong. And the fact is: the actual situation in Hong Kong warrants a more democratic political system.

It is clear to the people of Hong Kong that constitutional reform is never the exclusive reserve of Hong Kong. The Basic Law stipulates that the amendment of the method for selecting the Chief Executives for the terms subsequent to the year 2007 must be made with the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive, and they shall be reported to the Standing Committee of the National People's Congress for approval. Never did Hong Kong people seek to deny Beijing a say in the process.

An overwhelming majority of Hong Kong people has expressed their desire for direct elections for the Chief Executive in 2007 and for the entire legislature in 2008. If this is passed in the Legislative Council with a two-thirds majority, but vetoed by the Chief Executive or the Standing Committee of the National People's Congress, this will end up in a constitutional crisis. Polarisation of views would only result in further instability, and should by all means be avoided.

The gap between Hong Kong people who aspire for democracy and Beijing leaders who have deep-rooted fears about Hong Kong people using democracy to oppose China needs to be bridged. And this can only be achieved through understanding and dialogue. It is all the more important for Hong Kong people to air their views on why democracy is conducive to the stability of Hong Kong, and is important to protect our rights.

For a start, the successful implementation of the "One country, two systems" principle, the cornerstone on which the stability and prosperity of Hong Kong is to be built, hinges on the implementation of full democracy. The National Security legislation saga is a case in point. A democratic system is the only safeguard for the protection of rights and the rule of law. A more open and accountable government is also a better safeguard for making and maintaining a level-playing field. For Hong Kong to successfully compete in the global contest for investment and trade, an economic environment with fair competition and due process of law would be essential.

Universal suffrage, as the ultimate aim, is also entrenched in the Basic Law. Taking firm steps to full democracy means full implementation of the Basic Law.

Hong Kong is a showcase for Taiwan. A successful model of the "one country, two systems" principle will be a classic example for Taiwan to look to, enabling a peaceful unification with the mainland. This is particularly important at a time when the independence issue in Taiwan is worrying the Beijing leaders.

The Tung administration is now facing a legitimacy crisis on a scale never seen. The dismantling of the "ruling coalition" may further pose difficulties for the administration in pushing through policies in the legislature. Not only will democratic reform correct the major systemic flaws which are paralysing the administration, it now seems to be the only force that may help stabilise the society.

In other words, a quicker pace of democratisation, namely, having direct elections for the Chief Executive in 2007, and for the entire legislature in 2008, are in the best interests of the community.

It is stated in Article 45 of the Basic Law that the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures. That a nomination committee is needed to select the Chief Executive is not ideal. But given inadequate time for amending the Basic Law, a nomination committee which does not in effect "filter" or "screen out" candidates is still acceptable. A least restrictive nomination committee, which would enable rather than impede candidates from running for elections, would be in line with the democratic aspirations of the public. But a nomination committee which "filters" candidates unacceptable to Beijing, as suggested by Mr. Tsang Yok Shing, will render the election undemocratic. In an election where only pro-Beijing candidates can run for election, the election, even by universal suffrage, will be a sham.

Foremost in the agenda will be a rational discussion of constitutional reform, which may help the central government understand that democratic development in Hong Kong is the only way to maintain stability. An early constitutional review is therefore imperative. And the right way forward can only be built by a Hong Kong people who are ready to speak up and take firm steps to democracy, and a Beijing leadership who is willing to listen with an open mind.

YEUNG SUM

Chairman of the Democratic Party and a directly elected Legislative

Councillor

[South China Morning Post, December 21, 2003]