April 08, 2005

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Getting Hong Kong moving

Beijing will release its interpretation of Hong Kong's Basic Law on April 27th following The Don's request yesterday. Beijing will send representatives to a meeting to consult on the interpretations. Audrey Eu rightly said "It is just a show to pacify the local legal sector. For myself, calling for a two-hour meeting and photo-call session after the government decides to seek the interpretation will not cultivate a good relationship between both parties. The end result. This July 1st rally will again have hundreds of thousands marching, just a couple of weeks before the Chief Executive election. The stupidest part of all this is The Don is by far the most popular politician in the city. But again Beijing and Hong Kong's elite have blundered the sucession, corrupting the Basic Law and process for the sake of political expediency. That might work in China. It appears it now works in Hong Kong too.

Meanwhile The Don has used his official mouthpiece, the South China Morning Post, to print his defence of asking for the interpretation. It's below the fold, with some thoughts on the difference between The Don's words and deeds.

Update: Hong Kong's lawyers are on the march. ESWN summarises some polling and opinions on the rule of law in Hong Kong. It includes this killer quote: "Some barristers only know how to nap while sitting on the toilet". That's going to keep me smiling all weekend.

I have been part of Hong Kong's civil service for more than three decades. Throughout my entire career, I have worked with many people whose driving impulse has been to serve Hong Kong. That remains as true today as it did when I first entered government. The past couple of weeks have been among the most momentous periods since our reunification with the mainland in 1997, and it has left me in the hot seat as Hong Kong's acting chief executive. It is not easy to describe the enormous level of responsibility I feel.

What sets Hong Kong apart is our ability to sustain social stability and economic growth. One key element of our success is the institutions that buttress our development. These include our legal system, which is underpinned by an independent judiciary, our legislature, and our civil service. Each operates independently but is an integral part of the whole. In short, ours is a system of government like many others.

However, Hong Kong has some distinguishing features, including a very internationally minded and outward-looking government, owing to our close integration into world markets long before globalisation became a catchphrase. Within the ranks of our civil service and judiciary are nationals from Britain, Australia, the United States, Canada and India.

Moreover, our Court of Final Appeal calls on some of the most esteemed minds of the common-law world. We have a large foreign population and one of the world's largest consular corps. International chambers of commerce play a very active and vital role in government consultations. Our Basic Law even allows for foreign nationals to be elected to one-fifth of the seats in our legislature.

If you had stopped reading here, you would have thought he was arguing why the Basic Law process should be followed, letting the courts decide. Alas.
Hong Kong's cosmopolitanism long ago planted the seeds of tolerance and respect in our approach to government. As a result, we are committed to dialogue and compromise as the only way to balance the many competing demands and opinions that pervade public affairs. Good government is not a competition. It is not about winning or losing, or whose view or will prevails. It is about making the best decisions for the community.

Inevitably, this will often involve compromise. Indeed, as our society has grown more sophisticated, it has also become more complex and pluralistic. This means that the government can no longer afford to view issues in isolation; its operations need to be decompartmentalised as well as streamlined. This is a difficult task, given that some of our systems have been in place for many years, often entrenched in law.

Of course, pragmatism has its limits, because good government is also about upholding core values. I have often referred to what I call the four pillars of Hong Kong's success: the rule of law, a level playing field for business, a clean and efficient civil service, and the free flow of information. These are values that we simply will not compromise. To do so would mark the beginning of the end for Hong Kong.

Since reunification, we have the added safeguard of the Basic Law, which gives effect to the principles of "one country, two systems" and "Hong Kong's people running Hong Kong with a high degree of autonomy". Good government also requires sharing a vision of the future - the purposes and thinking behind public policies - with the community. Our vision is to develop Hong Kong as Asia's world city.

The Basic Law embodies this vision, laying the foundations for our development over a 50-year period and providing the freedom and the power for us to position ourselves as Asia's world city - and to do it on our own. At the same time, it also embodies the depth of the central government's support for Hong Kong. It is thus crucial to the good governance of the special administrative region.

In many areas - financial services, infrastructure, communications technology, and tourism - I would say that we have reached our goals. Hardly a day goes by when we do not read something in the local press that refers to our status as Asia's world city. Even when people feel that we have not lived up to the standards expected of a world city, we are glad to be held to a high benchmark, because it keeps us on our toes.

Hong Kong's officials share a common mission to maintain the stability and prosperity of our city. Our duty is to make Hong Kong a better place for us all, without hidden agendas. It is an onerous and solemn undertaking, uplifting one day and extremely frustrating the next.

But, above all, it is an honour and a privilege to play such a role in our society, and I know that the vast majority of officials, legislators, judges and civil servants with whom I have worked would agree.

Here endeth The Don's campaign speech. But it is curious that he undermines his point on the rule of law and the Basic Law as "safeguards" given he has circumvented the Basic Law on the clear meaning of Article 45 and the CE's term.

It's a curious political tactic. Usually politicians wait until they're elected before they contradict themselves. This is a clear disconnect between words and deeds. Hong Kong can only hope this is an exception rather than what we can expect from The Don's rule.

posted by Simon on 04.08.05 at 11:04 AM in the




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Only the Stupidity Is Clear
Excerpt: It's official: the words on the Basic Law are not enough for the Hong Kong government, so it's asking mommy to explain what exactly should be term length of the next CE. My position on this is one of resignation:...
Weblog: Plum Blossoms
Tracked: April 8, 2005 03:07 PM


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