Electoral reform in Hong Kong must be based on proper understanding of its context
Carrie Lam says there is a need for a common appreciation of the historical, constitutional, legal and political context of Hong Kong's electoral reform, so as to enable compromise
The task force on constitutional development, which I headed, has submitted its consultation report to the chief executive, who has just made a report to the Standing Committee of the National People's Congress, inviting it to decide whether the methods for selecting the chief executive in 2017 and for forming the Legislative Council in 2016 should be amended. This is the first step which has formally kick-started the "five-step process" of constitutional development.
During the consultation, we appealed to the people of Hong Kong to have a dialogue with us and highlighted the clear basis for introducing universal suffrage. The people are indeed eagerly looking forward to selecting the chief executive by "one person, one vote" in 2017. However, the community is divided over certain issues.
As we stand at the crossroads, it is worthwhile revisiting a few important perspectives with a view to reaching a consensus and finding a way forward.
First, the historical perspective. The aim of selecting the chief executive and forming Legco by universal suffrage was first set out in the Basic Law promulgated in 1990, not the Sino-British Joint Declaration. At that time, the legislature had yet to have in place geographical direct elections, but the Basic Law promulgated by the NPC had already incorporated the aim of selecting the chief executive and electing all Legco members by universal suffrage.
As for the timetable of selecting the chief executive by universal suffrage in 2017, it was set by the NPC Standing Committee in 2007. Without the Basic Law and the Standing Committee's decision, we would not have any foundation to discuss the selection of the chief executive by universal suffrage in 2017.
Second, the constitutional perspective. The state established the Hong Kong Special Administrative Region pursuant to Article 31 of the constitution. Article 2 of the Basic Law says that the NPC authorises the HKSAR to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of the Basic Law.
Article 12 provides that the HKSAR shall be a local administrative region which shall enjoy a high degree of autonomy and come directly under the central government. Being a local administrative region, as opposed to an independent polity, the design and development of Hong Kong's political structure must follow the requirements prescribed by the NPC. The central authorities play a clear and significant role in amending the methods for selecting the chief executive and forming the legislature. It is provided in the Basic Law that the chief executive selected by universal suffrage shall be appointed by the central government. The chief executive is also required to implement the directives issued by the central government in respect of the relevant matters provided for in the Basic Law.
