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HK political reform subject to Basic Law

2015-02-02 08:44 China Daily Web Editor: Si Huan
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Hong Kong opposition Civil Human Rights Front organized a march themed "We want real universal suffrage rather than pseudo democracy" on Sunday, which was the first street protest in the city after last year's 79-day "Occupy Central" movement.

Since the discussion on universal suffrage began in Hong Kong, opposition groups have used slogans to negate the development of a democratic political system in the city. In fact, "Occupy Central" leaders used such slogans as their core "political appeal" to demand universal suffrage in the election of Hong Kong's chief executive (CE).

Discussions on Hong Kong CE election should be under the premise that Hong Kong, as a society, respects the rule of law and must focus on three basic questions.

First, what is the criterion for universal suffrage? Is there an international unified criterion for it? Hong Kong opposition groups assume that only allowing parties to nominate their candidates or individuals to contest the CE election is real universal suffrage. They also say this is the international criterion. This argument is a subjective assumption that belies common sense.

The difference in nomination mechanisms is not the criterion for "true" or "false" universal suffrage. As long as just one candidate is not nominated to contest one post, it's a competitive democratic election. Beijing has vowed to adopt universal suffrage for the 2017 Hong Kong CE election to demonstrate the universality and equality of voters' rights. If all the qualified voters have equal right to vote and the election guarantees "one-person, one-vote", the Hong Kong CE election will be an example of universal suffrage.

Second, what is Hong Kong's legal status as part of China and what is the nature of the 2017 Hong Kong CE election? Hong Kong is a Special Administrative Region of China. The Chinese central government implemented the "One Country, Two Systems" policy after Hong Kong's reunification with the motherland in 1997 and granted it special status, under which Hong Kong enjoys a high degree of autonomy in economic and political matters.

But that doesn't change the political relationship between the central government and Hong Kong: the central government has an undisputed guiding role to play in Hong Kong's political development. If anyone questions this basic fact, it would only show that he/she lacks even the basic understanding of the political meaning of "One Country, Two Systems" policy.

The Hong Kong CE election is a regional election for China, on which the central government has to make certain decisions. After the National People's Congress Standing Committee made a decision on Hong Kong's political reform on Aug 31, 2014, the city's opposition groups launched the "Occupy Central" movement to challenge it, a move that lacked political or legal basis.

Third, does Hong Kong's Basic Law clearly stipulate the nomination procedure for universal suffrage? If not, the Hong Kong opposition groups' tactics to pressure the central government on universal suffrage is illegal. And does the central government's decision conform to the Basic Law? Yes, it does. But since there is a sharp difference in Hong Kong society on the nomination mechanism, abiding by the law is the only way to reach consensus.

The developments on the education front in Hong Kong and the "Occupy Central" movement have made it all the important for the central government to ensure that Hong Kong's democratic politics develop orderly according to the law; otherwise the very purpose of having the "One Country, Two Systems" policy will be defeated.

The central government has followed the rules to hear different voices on political reform in Hong Kong, which should also make pan-democratic forces in the region respect the rules. And the Basic Law and the decision of the NPC Standing Committee are the rules for the development of democracy in Hong Kong.

The author Zhang Dinghuai is deputy director of the Center for Basic Laws of Hong Kong and Macao Special Administrative Regions Studies at Shenzhen University.

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