NDI delegation visits Hong Kong in September 2003 and Promise of Democratization Report 8

The NDI conducted an assessment of the political environment in Hong Kong from 12 - 17 September 2003, following July 1 and subsequent events, as well as preparations for the November 23 District Council elections. The delegation comprised:

·         Christine Chung, NDI China Program Director;

·         Eric Bjornlund, Independent consultant and former NDI Regional Director;

·         Peter Manikas, NDI Regional Director for Asia Programs.

While in Hong Kong, the delegation held extensive interviews with government officials, political party leaders, academics, journalists, civil society, business representatives and diplomats.

Promise of Democratization Report 8

The findings of this delegation were documented in:

·         The Promise of Democratization in Hong Kong: The Impact of July’s Protest Demonstrations on the November 23 District Council Elections—A Pre-election Report., NDI Hong Kong Report #8. 17 November 2003¹

Promise of Democratization Report 8 cover

Key findings of the delegation

The key findings of the delegation were:

Article 23 protests

Article 23 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR)—enacted by the National People’s Congress in China to serve as the constitution of Hong Kong— requires that Hong Kong pass laws that address treason, secession, sedition, subversion and theft of state secrets (Pages 3 and 4);

Note: “and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies” was left out of the main body of the report. The full text of Article 23 was recorded in a Footnote.

Footnote:^{2 2}Article 23 of the Basic Law provides, “The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.”.

More than half a million people (out of a population of 6.8 million) marched on July 1 to protest the government’s efforts to force passage of unpopular Article 23 national security legislation and in support of democracy.

Civil Human Rights Front organized the July 1 march

The Civil Human Rights Front formally organized the July 1 march with the support of various other groups, including those not generally known for their political activism.

People power and governance

Since July 1, many in Hong Kong have characterized recent events as a demonstration of “people power.”

One of the key questions is whether perceptions of Hong Kong residents about their own ability to influence the actions of their government have changed.

However, as the political debate deepens, the role of political parties in the governance of Hong Kong has come to the surface as one of the key issues that require attention.

The full impact of Hong Kong’s “summer of discontent” continues to unfold. One thing, though, is certain: Hong Kong’s residents can no longer be characterized as “apolitical.”

Civil Human Rights Front organized the July 9 march

On July 9, 30 to 50 thousand protestors gathered outside the LegCo building for a candlelight vigil, again organized by the Civil Human Rights Front. On July 14 the Democracy Development Network, a nongovernmental organization with a high proportion of academics and a number of Democratic Party members, organized yet another pro-democracy rally (Page 6).

Article 23 concern group credited with successfully opposing Article 23 legislation

Hong Kong’s political parties in general have received little credit for the successful opposition to Article 23 legislation or the mass public protest (Page 10).

Many observers credit civil society organizations, particularly the Article 23 Concern Group, a small group of advocates and legal scholars, and the Bar Association, for engaging on the merits of the legislation in a technical and determined way and pursuing a successful political strategy to oppose the legislation (Page 10).

Hong Kong citizens skeptical of/ambivalent about political parties

By all accounts, many Hong Kong citizens remain skeptical of political parties (Page 10).

Commentators from across the political spectrum have noted that the middle class in particular, is ambivalent about parties, and no political party adequately represents the middle class (Page 10).

Promise of fully democratic elections under the Basic Law in the future

The Basic Law provides for incremental increases in the number of directly elected seats in the Legislative Council during a transition period of 10 years, beginning with reversion to Chinese sovereignty in 1997.

In the election in 2004, in accordance with the schedule established in the Basic Law, Hong Kong citizens will elect directly, based on universal suffrage, one-half of the 60 seats in the LegCo.

The Basic Law declares, however, “the ultimate aim is the election of all members of the Legislative Council by universal suffrage.”

Likewise, during the transition, an election committee selects the Chief Executive. While the Basic Law does not specify how the Chief Executive will be selected in 2007 and thereafter, it clearly states, “the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures (Page 16).

Nevertheless, despite the absence of full democracy in the current institutional arrangements, as NDI has pointed out in the past, the Basic Law framework also protects the rule of law and holds out the promise of fully democratic elections in the future, if Hong Kong’s government and elites allow that promise to be realized (Page 17).

References

¹The Promise of Democratization in Hong Kong: The Impact of July’s Protest Demonstrations on the November 23 District Council Elections—A Pre-election Report., NDI Hong Kong Report #8. 17 November 2003 Link to all Promise of Democratization Reports