Constituting Democracy in Hong Kong Ten Years On

Abstract

Just a decade ago we witnessed the launch of of the most extraordinary political adventures of the late twentieth century, the return of freewheeling capital- ist Hong Kong to an allegedly communist China under China's notion of one country, two systems-making Hong Kong a Special Administrative Region of the Peo- ple's Republic of China. This anniversary marks the an- niversary of a number of other landmarks in Hong Kong history. Over two decades have passed since the signing of the 1984 Sino-British Joint Declaration for Hong Kong's return. And 17 years have passed since the 1990 enactment of the Hong Kong Basic Law((1), passed on the heals of China's harsh crackdown and suppression of the 1989 demonstrations. This legislation of China's Na- tional People's Congress (NPC) has become the consti- tution of Hong Kong and charts the roadmap for Hong Kong's long-term democratic development. It also affords constitutional security for Hong Kong's promised high degree of autonomy, human rights, and the rule of law. On account of the guarantees in the Joint Declaration and the Basic Law countries around the world have en- tered into numerous international agreements with and about Hong Kong.Less noticed than the tenth anniversary of the handover was the twentieth anniversary in 2005 of Hong Kong's democratisation process. Mainland officials and support- ers are fond of emphasising that democratisation in Hong Kong must be gradual and orderly. With the first demo- cratic election of legislators by 12 functional constituen- cies in 1985 and the introduction of 18 directly elected seats in 1991, Hong Kong may have the most gradual and orderly democratisation process in the world.During this first decade since the handover the contradic- tion between the liberal human rights protections that are afforded in Hong Kong and continued non-democratic authoritarian rule has been evident, producing a series of political crises. In a liberal constitutional environment the absence of democracy has produced the very instability that pro-Beijing opponents of democracy seem to most fear. We have been left to assess the costs of running a free society under the thumb of China's authoritarian sys- tem. Will a system of direct Beijing control underpinned by a network of political influence by Beijing supporters continue to be the dominant form of politics in Hong Kong, or will the constitutional democratic order prom- ised in the Joint Declaration and the Basic Law be per- mitted to emerge? The wisdom of a decade of experience may suggest the merits of the latter.The first decade after the handover has witnessed a vi- brant democracy movement in Hong Kong and equally vi- brant Beijing resistance. Political parties have flourished and pro-democracy politicians have generally done well in local elections. Mass demonstrations supporting democ- racy and related human rights concerns have become a common feature of Hong Kong politics. Pro-Beijing at- tacks on democracy have likewise persisted and the flag- ship pro-Beijing political parties have continued to carry the banner of resistance to democratic reform. In this en- vironment China's resistance to democratic development has become the central plank of Beijing's Hong Kong policy. Various official interpretations by Beijing have scotched any serious efforts at political reform, posing a fundamental challenge to the one country, two systems model. Will the promised democracy be achieved? Does Beijing's stance on democracy pose a risk to the constitu- tional order and related stability in Hong Kong?The analysis in the sections that follow lays out the con- stitutional roadmap for democratisation in Hong Kong, considers Beijing's interpretations of the Basic Law's democracy requirements, assesses the Hong Kong Gov- ernment's efforts at compliance with these dictates, and considers the constitutional debate now ensuing over full realisation of China's constitutional commitment to full universal suffrage in Hong Kong. …