According to political scientist Ma Ngok, Hong Kong’s chief executive in theory exercises greater power domestically than popularly elected presidents in 33 countries. But there is a great gap between theory and practice. For a long period in the past 25 years, the Legislative Council has acted in a way that put far greater constraints on the chief executive than the drafters of the Basic Law originally envisaged.
Many Hong Kong residents expressed outrage over the use of disruptive tactics, such as filibustering, by some “pan-democratic” lawmakers to block socioeconomic reforms and thus damage the constructive relationship between the executive branch and the legislature.
Because of the sweeping electoral reforms in Hong Kong, the executive-led governance model has finally emerged from the stormy weather to embrace sunny days. The broadly representative Election Committee is responsible for electing the CE in May. Occupying 40 seats in LegCo, the patriots-only Election Committee can be regarded as the majority party in LegCo. There are strong arguments that a CE who is indirectly elected, through leading the majority party in LegCo, will be able to form a more-effective government and deliver better governance than the one who is directly elected in separate elections.
The composition of the seventh LegCo makes it clear that the CE and the 40 lawmakers who come from the Election Committee are all patriots with similar backgrounds and political perspectives. In fact, nearly all LegCo members belong to the traditional “pro-establishment camp”. The prospective principal officials of the SAR government share similar features. In such a cordial atmosphere, the executive branch will find it easier to cooperate with the legislature. They should be able to strengthen their working relationship for the benefit of Hong Kong.
As a transmission belt to convey public opinions and the viewpoints of specific professions and business sectors to the government, LegCo will find it easier to convince its partner in the executive branch to incorporate these articulated opinions and viewpoints into government policies and help the executive formulate better and effective policies. The members of LegCo enjoy substantial advantages in explaining these policies to their electorates. It is a sine qua non of good governance.
Apart from effective governance, accountability is another core value that the next CE must strive to further. Li Zhanshu, chairman of the Standing Committee of the National People’s Congress, recently said that the electoral reforms would help better implement the central government’s comprehensive jurisdiction over Hong Kong. One of the requirements of comprehensive jurisdiction is to supervise the performance of the SAR government. It is worth noting that the CE is directly accountable to the central government. The CE takes full responsibility for the implementation of the “one country, two systems”.
It would do no credit to the principle of “one country, two systems” if the SAR government repeatedly failed to solve deep-rooted socioeconomic problems in Hong Kong. Vice-Premier Han Zheng in March reminded Hong Kong’s delegates to the Chinese People’s Political Consultative Conference that they had to examine CE candidates’ platforms and consider whether the hopefuls have the ability to resolve deep-rooted problems, such as the city’s housing shortage. What can be said with certainty is that the central government has an indispensable role to play in the post-election accountability system.
By fostering collaboration with a broadly representative LegCo, the next CE can bring the irreplaceable advantages of LegCo’s network and representation and the expertise of individual LegCo members into full play
With strong connections with the Chinese mainland, some members of the Election Committee are equipped with the requisite expertise to advise the CE on practical ways to speed up Hong Kong’s integration into the Guangdong-Hong Kong-Macao Greater Bay Area. Similarly, directly elected LegCo members from the Geographical Constituency and professionals in the Functional Constituency can make use of their grassroots networks or professional connections to provide invaluable inputs for the policymakers to solve socioeconomic problems. All LegCo members are responsible for scrutinizing the performance of the CE and the executive branch.
In spite of the above benefits brought about by the electoral reforms, critics claim that the electoral reforms have made the road to universal suffrage bumpy, and completely shut dissenting voices out of local politics. Opposition leaders believe that they cannot pass the nomination hurdle because of the difficulties in receiving the signatures of at least 188 Election Committee members, with at least 15 nominations coming from each of the five sectors of the Election Committee.
But some of them are likely to meet the patriot requirements. These opposition leaders should be encouraged to stand for election. Their participation will ensure their supporters have a formal opportunity to voice their dissenting opinions, and thus it can enhance both diversity and accountability. Their political platforms, which may remain unvocal under normal circumstances, should not be overlooked by the CE. Besides, the CE is encouraged to conduct regular district visits in order to keep his/her finger on the pulses of residents in the 18 districts.
More importantly, the electoral reforms have not revised the ultimate aim of attaining universal suffrage. According to Article 45 of the Basic Law, the ultimate aim is the selection of the CE upon nomination by a broadly representative nominating committee in accordance with democratic procedures. We must not forget the good faith demonstrated by the Standing Committee of the National People’s Congress in making the “8.31” Decision in 2014. It stipulated that Hong Kong might implement the selection of the CE by universal suffrage in 2017. Unfortunately, we missed the boat heading for universal suffrage because of unreasonable opposition from the “pan-democrats”. History will condemn those unapologetic disruptors.
By fostering collaboration with a broadly representative LegCo, the next CE can bring the irreplaceable advantages of LegCo’s network and representation and the expertise of individual LegCo members into full play. The CE is at the very least likely, and even highly probable, to meet the expectations of Premier Li Keqiang. Li recently called on the administration to unite and lead people from all walks of life to continue developing the economy, improving livelihoods and strengthening Hong Kong’s status as an international finance, aviation and shipping hub.
Junius Ho is a Legislative Council member and a solicitor.
Kacee Ting Wong is a barrister, part-time researcher of Shenzhen University Hong Kong and Macao Basic Law Research Center, co-founder of the Together We Can and Hong Kong Coalition.
The views do not necessarily reflect those of China Daily.
