Now that the amended Annex I and Annex II on Method for the Selection of the Chief Executive of the HKSAR and on Method for the Formation of the Legislative Council of the HKSAR and its Voting Procedures have been adopted unanimously by the Standing Committee of the National People’s Congress (NPCSC) on March 30, the ball is now in the SAR government’s court to table relevant local legislation this Wednesday for scrutiny by the Legislative Council. Amid the critics hitting out at such electoral revamp as “undercutting democracy” of Hong Kong, a broader representation of interests of all walks of lives, covering a wider range of trades and industries in the composition of the Election Committee (“EC”) compared to previous terms, however underscores a gigantic step on our path of representative democracy since the handover.
At the core of the decision approved with full consensus in the NPCSC are, among others, the expanded roles of the EC, which not only nominates and selects Chief Executive candidates and lawmaker hopefuls, but also returns as many as 40 out of the enlarged 90 LegCo members, up from 70 in total. This powerful body will increase from 1,200 to 1,500 members with five sectors presenting elements of the business community, professionals, social groups, local politicians and Hong Kong delegates to the national legislature and other mainland bodies. In serving the gatekeeping function, all potential LegCo election candidates must first get nominations from two to four members in each of the five EC sectors.
By merely bundling direct election with progress of democracy, as the critics asserted in slamming the electoral reform, it is no different than failing to see the forest for the trees. As US political scientist Samuel Huntington once put it, “the definition of democracy in terms of election is a minimal definition”, dismissing the superficiality of the latter in viewing democracy. In fact, there is never a one-size-fits-all definition of democracy that can universally be implanted in any societies as the latter exists in various forms in accordance with the actual situation of each society. In terms of representative democracy, a wider perspective to examine how diversified the public voices are represented and reflected in our electoral political system should be adopted.
In terms of representative democracy, a wider perspective to examine how diversified the public voices are represented and reflected in our electoral political system should be adopted
With little difficulty to fathom, the current changes to Hong Kong’s electoral system indeed project a quantum leap of democracy in terms of the unprecedentedly broad coverage and composition of public voices of all walks of life in the EC and consequently LegCo compared to any previous terms. Apart from the business gurus, grassroots, representatives from neighborhood committees advising on local crime and fire safety issues, representatives of associations of Hong Kong residents in the Chinese mainland, and Hong Kong representatives in relevant national organizations will be added to the EC composition. With increasing collaboration and integration of the HKSAR in the Greater Bay Area and in the 14th Five-Year Plan (2021-25) by the NPC, local voices embodying national interests relevant to Hong Kong must be included in our electoral base mirroring our political reality under the “one country, two systems” principle. It would otherwise be “undemocratic” if local representatives with mainland ties were shunned.
Unlike the conflicting interests represented by the lawmakers from the geographical and functional constituencies, the lawmakers returned by the EC will be a fine balance of the two as they will not be bound by the vested interests in either constituency as plenary support of EC is required. Gone are the days when the policy discussion was either tilted toward the populist district-level, or business fat cats exercising an immense degree of influence in the political landscape. In view of a myriad of deep-seated socioeconomic problems pending to be timely resolved, high-level, across-the-board political mentality, unshackled from the straitjackets of populist political confines, are pivotal to the revamped electoral system. As the EC will be a melting pot of diverse socio-political interests, Chief Executive aspirants, who must now procure no fewer than 15 nominations from each EC sector to enter the fray, will carry a broader mandate from electors from diverse social classes. Thus, a greater degree of democracy is rejoiced with the broader representation of political interests manifested in each elected seat.
Followed by the sweeping electoral overhaul which seeks to ensure “patriots administering Hong Kong”, all the elements perceived as endangering national security in the political establishment seen in Hong Kong these recent years will be weeded out. It will hopefully facilitate a conducive political environment for a greater stride to be made in our democratic development with a view to realizing the ultimate aim of universal suffrage as enshrined in Articles 45 and 68 of the Basic Law. On the contrary, but for the electoral overhaul initiated and adopted by the NPC, our city may still continually be exposed as a national security loophole of China, manipulated by the few radicals and the external forces for staging endless political chaos with the motive to subvert the effective governance of the SAR government and even China’s sovereignty over Hong Kong.
As Arthur Schopenhauer, the German philosopher notes, “All truth passes through three stages: First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident”. The political truth behind the NPCSC decision on improving the electoral system of the HKSAR to establish a political structure conforming to the “one country, two systems” principle and the actual situation of Hong Kong, and to ensure “patriots administering Hong Kong” seems to meet similar a fate now. In upholding this political truth for the full implementation of the “one country, two systems” principle, no stone must be left unturned to fend off all unfounded criticisms swirling round the electoral revamp with our unequivocal support.
The author is a Hong Kong solicitor and chairman of Y Legalites.
The views expressed in this article are the author’s and do not reflect those of the law firm where he works nor those of China Daily.
