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星期二, 7月 29, 2014

open letter: The Rules for Hong Kong Electoral Reform

op-ed by Carrie Lam, Chief Secretary for Administration
Hong Kong
The piece, titled "The Rules for Hong Kong Electoral Reform," can also be found at
The Rules for Hong Kong Electoral Reform
The central government has lived up to its commitments to the territory's people
The Wall Street Journal Asia
July 28, 2014
By Carrie Lam
Hong Kong this month took the first step in the procedure for constitutional reform. On July 15, Chief Executive C.Y. Leung submitted a report to the National People's Congress Standing Committee (NPCSC), saying that there is a need to amend the electoral method for the 2017 chief executive election with a view to attaining universal suffrage. This took into account the report of a five-month public consultation conducted by the Task Force on Constitutional Development that I chair.
Within a month or two, the NPCSC will inform the chief executive of its decision as to whether the Basic Law can be amended to implement universal suffrage in selecting the Chief Executive in 2017. We expect the NPCSC to give us the green light. On this basis, we plan to launch another public consultation on more specific suggestions with a view to forging a consensus for enabling legislation to be drafted and eventually put to legislators for a vote.
Looking ahead, I offer a few observations. First, it is worth noting that universal suffrage for the selection of the chief executive was not part of the Sino-British Joint Declaration signed in 1984. The declaration refers to the selection of the chief executive by election or through consultations held locally.
It was only during the drafting of the Basic Law, promulgated in 1990, that the ultimate aim of selecting the chief executive by universal suffrage was included. In 1990, with Hong Kong still under British administration, there was not a single directly elected seat in the Hong Kong legislature.
Since Hong Kong's return to China in 1997, almost every election of the chief executive and Legislative Council has been more democratic. In 2007, the NPCSC decided that the fifth-term chief executive in 2017 could be selected by universal suffrage and that after this milestone was reached, universal suffrage for legislative elections was also possible. It is clear by its actions that the central authorities in Beijing have lived up to its commitments in the Basic Law (which is a national law of China) and are sincerely committed to greater democracy in Hong Kong.
Second, the Hong Kong Special Administrative Region was established under the Constitution of the People's Republic of China. Article 12 of the Basic Law states that the Hong Kong shall be a local administrative region of the People's Republic with a high degree of autonomy and directly under the Central People's Government. As such, the central authorities retain the constitutional powers and responsibilities to determine Hong Kong's political system and its pace of development.
The design of our political system, including universal suffrage, relates to the exercise of sovereignty by the state over Hong Kong as well as full implementation of the "One Country, Two Systems" framework. Amendments to the electoral method for selecting the chief executive must be passed by a two-thirds majority of the Legislative Council, receive the chief executive's consent and be approved by the NPCSC. Universal suffrage for the selection of the chief executive is not an internal matter for Hong Kong to decide on its own. It is a matter that relates closely to the relationship between the state and a local administration.
Third, in handling democratic development matters, we must strictly follow the law. This is a core value of Hong Kong.
Article 45 of the Basic Law states that "The method for selecting the Chief Executive shall be specified in light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. 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."
Legal experts, locally and in the mainland, have confirmed that the power of the nominating committee is substantive. It cannot be undermined, circumvented or "watered down" by other forms of nomination. Accordingly, the just-concluded public consultation solicited views on the size and composition of the nominating committee, the method for its formation, the procedures for its nomination of chief executive candidates, etc.
Fourth, any amendments to our electoral methods require a two-thirds majority in the Legislative Council. At the moment, no single party or affiliation of parties can deliver the 47 votes required in our 70-seat legislature. Therefore, some form of cross-party support will be necessary, and compromise will be an essential element of this.
If our upcoming political package fails to muster the required votes in the legislature, then Hong Kong's democratic development will come to a standstill, as it did in 2005 when we missed an opportunity to change the electoral methods for the 2007 chief executive and 2008 Legislative Council elections.
Such an outcome will seriously disappoint Hong Kong people and adversely affect government operations. We hope that our legislative councilors will display political courage and pragmatism to bring about change and provide our five million eligible voters with the opportunity to select the chief executive by one-person, one-vote in 2017. If change does not happen, then we have to retain the current system of selecting the chief executive through a 1,200-person Election Committee. In this regard the choice is very clear.
Fifth, let's cast an eye on the future. Many skeptics say or believe that the 2017 electoral arrangements are final. They have therefore adopted a "now or never" or "all or nothing" approach.
In line with the stated Basic Law principles of gradual and orderly progress, as well as taking stock of the actual situation in Hong Kong, it should be possible to further amend electoral arrangements in the future-for example, by improving broad representativeness of the nominating committee or the "democratic procedures" to nominate chief executive candidates for selection by universal suffrage.
At this critical juncture in Hong Kong's history, cool heads, pragmatism and the spirit of compromise must prevail. Otherwise we won't be able to take the bold first step of universal suffrage that will advance Hong Kong's democratic development. I remain wholeheartedly committed to working with our legislature and the community to devise a system for the 2017 chief executive election that is legally sound, stands a reasonable chance of gaining public and Legislative Council support, and is practical, practicable and easy to understand.
Mrs. Lam is the chief secretary for administration of the Hong Kong Special Administrative Region.
Regards,
Hong Kong Economic and Trade Office, New York
Website: http://www.hketony.gov.hk/ny/whatsnew.htm

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