March 16, 2004

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Fakes in Hong Kong

As if Hong Kong doesn't have enough trouble with fake products already, we now have a couple of Mainland "guardians" (read final arbiters) of the Basic Law telling us to beware the latest imitation: fake democracy. From the SCMP:

They also warned Hong Kong people to beware of ambitious politicians who fought for power under the guise of democracy...Xu Chongde, one of the so-called "four guardians" of the Basic Law, warned Hong Kong people to distinguish fake democracy from real democracy.

"Democracy is a very moving word. But we definitely have to define what real democracy is and what fake democracy is. We definitely have to have a democracy which would safeguard Hong Kong's prosperity and stability, but not ... a kind of democracy which betrays the national interest."

Fake democracy? I'm going to have to pay attention next time I'm in Mongkok. Again from the SCMP:
The Basic Law should be understood in its entirety not just by its words, a leading mainland legal expert said yesterday.
Principles such as patriotism and the executive-led government were contained in the spirit of the mini-constitution, even though they were not overtly stated, the expert said..."We have to understand the Basic Law in words, but also have to understand it in its spirit, essence and legislative intention ... We have to understand it in entirety, not only reading on the face of its words," Professor Xiao [a Basic Law drafter] said...Professor Xiao also said provisions restraining the legislature from tabling motions that affect public expenditure and government policies implied that the principle of executive-led government should remain dominant in the political system.

Xu Chongde, another Basic Law drafter and law professor of People's University, urged Hong Kong people to distinguish between real and fake democracies. He said democracy should not be equated with universal suffrage and that such a demand came only from a part of the population.

Shao Tianren, another Basic Law drafter and legal adviser to the Ministry of Foreign Affairs, said historical factors and Hong Kong's present situation had to be taken into consideration when interpreting the Basic Law, otherwise it would undermine social stability. Mr Shao said Hong Kong did not have a tradition of democracy and it could not blindly follow the mould of western democracy.

That's pure gold. We're not to look at the words of the Basic Law, that say pesky things like the Chief Executive and LegCo can be elected after 2007. Instead we need to get the vibe of the thing, the overall spirit. This is not a new principle. Countries such as the USA and Australia have Supreme Courts that do this kind of thing all the time, implying meanings from words written long ago. The merits of judicial activism are for another time. But in Hong Kong the arbiter of the spirit of the Basic Law, written less than 20 years ago, is, yes, you guessed it, the PRC and the Basic Law "Guardians". They don't divine constitutional principles through cases and well-reasoned argument. Instead they are the law.

The principles they divine are simple. Firstly the right kind of government for Hong Kong is executive-led. Forget about a balance of powers between the legislature, judiciary and executive. It's the Chief Exec and that's it. Given how badly it has gone since 1997 it may be time for a re-assessment on that score. If the executive has no popular mandate they spend their time worrying about their legitimacy. Rightly, as it turns out. The killer quote is democracy should not be equated with universal suffrage. Which is of course entirely correct. It also included rule of law, freedom of press and expression and a respect for property and human rights. But I don't know of any example of a democracy that doesn't include universal suffrage as a key element. But that's so "Western" of me. China's different. It doesn't have a "tradition of democracy". That's the perfect reason why they shouldn't start now.

Welcome to political discourse, Hong Kong style. We report, China decides.

posted by Simon on 03.16.04 at 08:38 AM in the




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PRC News China Briefing: 2004-03-17
Excerpt:
  • The Beijing-based doctor previously shot to fame for blowing the whistle on the SARS-era coverup writes a letter to the central government

Weblog: Winds of Change.NET
Tracked: March 17, 2004 03:39 PM


Comments:

Again and again, I wonder how people can put up with this doublespeak and blatant propaganda.

I point you to the recent closing ceremony of the NPC, where Wen said, "We will not practice or pursue hegemony, even as we become powerful."

Yeah, I bet everybody loved that one.

posted by: boy on 03.16.04 at 10:23 AM [permalink]

I don't get it. Isn't one party rule 'hegemony' of a sort, because there is no debate or discussion on anything?

And what does that have to do with democracy???

Just be patient. This is what empires do right before they die.

posted by: Chris on 03.18.04 at 10:39 AM [permalink]

What China will respect is military force to counter its moves, especially from HongKong's previous owner Great Britain and its Royal Navy! Notice that a senior Chicom general officer has called for China to begin building bases in the Spratleys, an island chain claimed by military-deficient Vietnam and the Philippines, amongst other regional nations, yet Beijing has been deafening quiet when it comes to the Daoyou Islands, not before but after large warships of the Japanese Navy, backed up by at-the-ready armed tactical airpower, showed up to kick off a group of pro-Beijing activists!

posted by: JosephMendiola on 03.18.04 at 02:32 PM [permalink]




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