Hong Kong must seize a precious opportunity
Updated: 2014-09-18 05:48
By Chen Duanhong(HK Edition)
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It will be a milestone in Hong Kong's democratic development and a giant step forward for its high degree of autonomy if the city succeeds in selecting the Chief Executive (CE) by universal suffrage in 2017. The Standing Committee of the National People's Congress (NPCSC) on Aug 31 unanimously approved a decision regarding the method for selecting the CE of the Hong Kong SAR by universal suffrage in 2017 and forming the Legislative Council (LegCo) in 2016. This decision came at a critical juncture in Hong Kong's constitutional development. It established a framework for the implementation of universal suffrage according to the Basic Law. It also determines the core elements of legislation regarding the election of the CE in 2017 by universal suffrage.
The CE election by universal suffrage is vital for Hong Kong's progression to full democracy. This will be achieved if universal suffrage is implemented in the 2020 LegCo election. The electoral system for selecting the CE is the issue at the core of Hong Kong's democratic transformation. It is a tough choice for the central government as well as for the HKSAR - which has to design its first system of universal suffrage.
An electoral system acts as a regulatory mechanism for political power. Universal suffrage means handing voters the right to select their leader. But universal suffrage contains a paradox, which is "disassemble and reassemble". When universal suffrage occurs, constitutional power is first dismantled and distributed in equal value to the people, with the voters reassembling the government and the legislature. But this poses political risks in the practice of universal suffrage: Can a nation reassemble an efficient government following the dismantling of the previous administration, and do this at minimum cost?
Any nation designing an electoral system is undertaking a crucial constitutional project. Designing an electoral system of universal suffrage is the riskiest of all constitutional projects. In some countries this has led to war. In others, it has triggered lasting social unrest and economic recession. These experiences tell us that democratic transformation must not be hurried. It must be conducted according to a practicable model suited to the local conditions.
Choosing the right system of universal suffrage is vital to Hong Kong's long-term interests as well as to the nation's sovereignty and security.
The NPCSC decision lays down the framework for the core elements of the electoral system. It can be used in selecting the CE by universal suffrage in 2017 in accordance with the five-step process and relevant constitutional procedures. It is a fundamental decision on Hong Kong's future and guides the city's democratic development. It is a lawful move within the NPCSC's constitutional power. It demonstrates the national legislature's political resolve and accountability.
Since the NPCSC has established the principles and core elements through this resolution, the HKSAR Government is obligated to introduce local legislation. Hong Kong society exhibited significant differences of opinion during the first round of the public consultation on constitutional development. Some political organizations and individuals had opposing views. Some may wish to take irrational actions. However, confrontation is not good for the future of Hong Kong. It is unwise to waste this precious opportunity.
If the LegCo fails to pass the constitutional reform plan, Hong Kong will remain where it is politically for at least another five years. Then it will have to repeat this five-step process. In politics, not moving forward means going backwards. Besides, the NPCSC resolution will remain effective after 2017 unless the national legislature decides otherwise. The HKSAR cannot get away from this fact, as long as the resolution stands.
Some have suggested that blocking the SAR government's constitutional reform plan may be to the advantage of opposition parties during the 2016 LegCo elections.
That is not only morally flawed thinking, but an insult to the intelligence of the Hong Kong electorate. It is unlikely any rational voter will accept the opposition's assertion that Hong Kong cannot have universal suffrage unless the "pan democrats" are permitted to field candidates in the CE election. Therefore, many voters will probably decide not to support opposition politicians in the 2016 LegCo election. This is because they fear these politicians will continue to block Hong Kong's constitutional development which ultimately leads to universal suffrage.
The author is a professor of law at the Law School of Peking University.
(HK Edition 09/18/2014 page1)