Conspiracy between pan-democratic legislators and the NDI to trigger the 2010 de-facto ‘referendum’

On 15 November 2009 a conspiracy took place between pan-democrat legislators and the National Democratic Institute (NDI) in Hong Kong to discuss plans to trigger the de-facto ‘referendum’ in January 2010.

Background

In November 2009, the Hong Kong Government released a consultation document on the new electoral arrangements for the chief executive poll and the legislative elections in 2012, mainly dealing with the expansion of the Election Committee membership.

It also sought to increase the number of seats in the legislature from 60 to 70, and to allow all district council seats in the legislature to be filled by elected district councilors in 2012.

This was widely opposed by the pan-democrats, so on 15 November 2009 Civic Act Up arranged a meeting on Direct Democracy and Civil Referendum, at which plans for triggering the de-facto referendum” were discussed.

As a result of these discussions, and on 26 January 2010, Albert Chan, Alan Leong, Tanya Chan, "Longhair" Leung Kwok-hung and Wong Yuk-man resigned their LegCo seats, to trigger by-elections which they claimed was a de-facto ‘referendum’ on universal suffrage.

The evidence

The conspiracy was videotaped and put on YouTube in a series of eleven short videos (Part 1/11 to Part 11/11). This report is based on the information in the videos.

Who attended the meeting

The following people attended the Civic Act Up meeting on Direct Democracy and Civil Referendum (交流會：直接民主和民間公投) in Hong Kong on 15 November 2009:

1. Cyd HO Sau-lan (何秀蘭), Hong Kong pan-democratic legislator;

2. Gary FAN Kwok-wai (范國威), Hong Kong pan-democratic legislator;

3. YEUNG Kai-cheung (楊繼昌), Policy researcher, League of Social Democrats (社會民主連線政策研究員);

4. Belinda Winterbourne, Programme Manager, National Democratic Institute, Hong Kong;

5. Stephen Tong, Programme Officer, National Democratic Institute, Hong Kong;

6. Bruno Kaufmann, President Initiative & Referendum Institute Europe, sponsored by the UN Democracy Fund;

7. Dr. Christian Gruenler, Executive Director SOS-Kinderdoerfer Global Partner GmbH;

8. KWOK Hiu-chung (郭曉忠), Hong Kong Human Rights Monitor (香港人權監察教育幹事);

9. NGAI Kei-lok (魏基樂), Civic Act Up (公民起動成員);

10. CHAN Chun-man (陳雋文), Chinese University of Hong Kong student (中文大學學生);

11. Other unidentified people.

What was said at the meeting?

Whilst much was discussed at the meeting, the following key statements confirm this was a conspiracy between pan-democrat legislators and the NDI:

Cyd HO (Video 6/11. Time: start to 0.33)

Cyd HO briefing the meeting on the need for secrecy:

Now one thing to state.  Everything discussed in this room should be keeped in confidence. You could go out and tell your friends that, that’s what LSD thinks, but don’t quote cheung OK, he could be strangled.

Cyd HO (Video 4/11. Time: 1.23 to 2.46)

Cyd HO briefing everyone on the purpose of the meeting:

I’m going to ask a question in Hong Kong context, so anytime you want to raise any question, just feel free to interrupt, because it’s a small group discussion, so that’s the beauty of having very few people in this meeting and just feel free to participate at anytime, OK.

And with Bruno’s response, one idea that comes to my mind just a second ago is that if we trigger a civil referendum actually it should not be the decision of the legislator himself or herself, because there’s only one people then there might not be enough support to decide that there should be a referendum to decide certain issue, so that I don’t expect Bruno to comment on it, but actually it’s just the idea that’s sparked off a minute ago maybe we have to consider to have a signature campaign before we really submit our resignation like if we gather 5% support from the people, then lets resign, if not then we know we are going to be defeated and die in disgrace (laughs).

Belinda Winterbourne (Video 10/11. Time: 8.28 to 9.19)

Belinda Winterbourne, NDI Programme Manager in Hong Kong asking

how much time do we have, if we did want to conduct a civil referendum,

educate them why we are doing this

Christian raised the point that how much time do we have. Just now he mentioned you know ‘til January for example, but let’s say if we did want to conduct a civil referendum let’s say between now and the end of the (inaudible), how long does it usually take to educate the public on civil referendum, cos I presume that you’d have to do a lot of publicity prior to the actual exercise umm and educate them why we are doing this and you know how does that vote count eventually.

Five Legislators resign on 26 January 2010 to trigger the de-facto ‘referendum 

The conspiracy was completed when five Hong Kong legislators (from left to right) Albert Chan (League of Social Democrats), Alan Leong (Civic Party), Tanya Chan (Civic Party), Leung Kwok-hung (League of Social Democrats) and Wong Yuk-man (League of Social Democrats ) signed the resignation letter outside the Legislative Council on 26 January 2010 to trigger the de-facto ‘referendum'.

Alan LEONG and Tanya CHAN of the Civic Party resigned
to complete the conspiracy

Albert CHAN, LEUNG Kwok-hung and Raymond WONG of the
League of Social Democrats resigned to complete the conspiracy

References and credits

Eleven videos were taken during the seminar and uploaded onto Youtube by “hkdirectelection”  under the title  交流會：直接民主和民間公投 in December 2009 (Numbered Part 1/11 to Part 11/11). See link to the videos here: http://www.youtube.com/watch?v=d_w0DcbpJZE

Political Party Logo Credits: Alliance for True Democracy. See link at: http://www.atd.hk/en/?page_id=10

Resignation photo: AP photo at Jamaica Observer. Hong Kong pressures Beijing for democracy. AP. Wednesday, January 27, 2010. See link at: http://www.jamaicaobserver.com/news/Hong-Kong_7362322    

NDI Logo courtesy of NDI HKU poster.

HKU Conference: Hong Kong Political Reform Series: What is Happening to Our Political System? April 2012

HKU Conference: Hong Kong Political Reform Series: What is Happening to Our Political System? April 2012

In 2004 the National Democratic Institute (NDI) collaborated with the Centre for Comparative and Public Law (CCPL) to sponsor the first of a series of events in the NDI’s Developing Political Parties program.

Hong Kong Political Reform Series

This was expanded in 2009, when the NDI partnered with the CCPL to launch the Hong Kong Political Reform Series, a conference series that promotes dialogue on political reform among different sectors of the Hong Kong community, including citizens, politicians, academics, and think-tanks.  Source: http://designdemocracy.hk/about-us/?lang=en

The following conferences/seminars were held in this series:

• Breaking the Deadlock. October 2009,
• Will it Break the Deadlock? January 2010,
• Deadlock Broken – What Next? November 2010,
• New Voices on Hong Kong Political Reform. February 2011,
• What is Happening to Our Political System? April 2012. 

In terms of this partnership, the NDI got access to the name, brand and reputation of HKU to legitimize and expand their programs, whilst Professor Johannes CHAN continued in his role of powerbroker in Hong Kong politics. 

Some of the ‘guests’ at these events were also prominent journalists and political commentators, which allowed the NDI to control the narrative by subverting the press in Hong Kong.

Conference poster

Conference poster

Conference program

Conference details

Date: 21 April 2012.

Venue: Meng Wah Complex, HKU.

Organisers: CCPL, NDI, Centre for Civil Society and Governance and Government of Canada.

Moderators:

·         Simon N. M. Young, Director, Centre for Comparative and Public Law;

·         Eliza Lee, Director, Centre for Civil Society and Governance.

Speakers:

·         Allen Lee, Former Member, National People’s Congress;

·         Joseph Lian, Columnist, Hong Kong Economic Journal, Former Member, CPU;

·         Ray Yep, Research Director, SynergyNet;

·         Professor Anthony Cheung, Non-Official Member, Executive Council;

·         Horace Cheung, Vice Chairman, DAB;

·         Professor Joseph Cheng, Former Secretary-General, Civic Party;

·         Professor Michael DeGolyer, Director, Hong Kong Transition Project.

Join us this Saturday as we welcome local politicians, commentators and academics to discuss "What is Happening to Our Political System?" The conference will begin with an assessment of the recent CE Election, followed by a panel discussion on the implications of recent events on the upcoming Legislative Council Election. Please email Flora Leung at fkleung @ hku.hk to reserve a place.

Conference photographs

The following are some of the photographs taken at this conference:

Eliza LEE

Professor Michael DeGolyer

Journalist Joseph LIAN of the Hong Kong Economic Journal (HKEJ)

The contribution of the NDI to this conference was also the subject of a post on the Hong Kong Political Reform Series Facebook page on 20 April 2012:

“Nods are also due to our talented and generous co-hosts in this series, NDI”

See post below:

Photo credits

Hong Kong Political Reform Series on Facebook. Posted on 20 April 2012.

https://www.facebook.com/HongKongPoliticalReformSeries/?fref=nf

HKU Seminar. Hong Kong Political Reform Series. New Voices on Hong Kong Political Reform. February 2011

In 2004 the National Democratic Institute (NDI) collaborated with the Centre for Comparative and Public Law (CCPL) to sponsor the first of a series of events in the NDI’s Developing Political Parties program.

Hong Kong Political Reform Series

This was expanded in 2009, when the NDI partnered with the CCPL to launch the Hong Kong Political Reform Series, a conference series that promotes dialogue on political reform among different sectors of the Hong Kong community, including citizens, politicians, academics, and think-tanks.  Source: http://designdemocracy.hk/about-us/?lang=en

The following conferences/seminars were held in this series:

• Breaking the Deadlock. October 2009,
• Will it Break the Deadlock? January 2010,
• Deadlock Broken – What Next? November 2010,
• New Voices on Hong Kong Political Reform. February 2011,
• What is Happening to Our Political System? April 2012.

In terms of this partnership, the NDI got access to the name, brand and reputation of HKU to legitimize and expand their programs, whilst Professor Johannes CHAN continued in his role of powerbroker in Hong Kong politics.

Some of the ‘guests’ at these events were also prominent journalists and political commentators, which allowed the NDI to control the narrative by subverting the press in Hong Kong. 

Conference poster

Conference details

Chair:

·         Christine Loh, CEO, Civic Exchange

Panelists:

·         Lorenz Langer, Institute of International Law, University of Zurich

·         Sonny Lo, Department of Social Sciences, Hong Kong Institute of Education

·         Michael Martin, Congressional Research Service

·         Wang Zhenmin, School of Law, Tsinghua University

Date: Tuesday, 22 February 2011, 2:00 - 4:00 pm

Venue: Council Chamber, 8/F Meng Wah Complex, The University of Hong Kong

How do learned outsiders see political developments in Hong Kong? This is the theme of the next event in the Hong Kong Political Reform Series. Join CCPL and the Hong Kong Journal as we listen to and debate with some new voices on current issues concerning the reform of Hong Kong’s executive and legislative systems under the Basic Law. The coming together of these diverse speakers who are all well informed on Hong Kong events promises a lively event capturing new ideas and insights. The Hong Kong Journal (www.hkjournal.org) is a quarterly online journal about issues relating to Hong Kong and China. Edited by Robert Keatley, the Hong Kong Journal has published much thoughtful writing about political, economic and social issues relating to Hong Kong and its neighbourhood since 2006.

Please email Flora Leung at fkleung @ hku.hk to reserve a place.

Conference photographs

The following are some of the photographs taken at this conference:

Michael Martin, Congressional Research Service

Professor Richard Cullen (on the left)

Sonny LO

CHEUNG Tat-ming (back to camera), Simon YOUNG (facing camera)

Photo credits

Hong Kong Political Reform Series Facebook Page. Posted on 22 February 2011

https://www.facebook.com/HongKongPoliticalReformSeries/?fref=nf

HKU Conference: Hong Kong Political Reform Series: Deadlock Broken – What Next? November 2010

In 2004 the National Democratic Institute (NDI) collaborated with the Centre for Comparative and Public Law (CCPL) to sponsor the first of a series of events in the NDI’s Developing Political Parties program.

Hong Kong Political Reform Series

This was expanded in 2009, when the NDI partnered with the CCPL to launch the Hong Kong Political Reform Series, a conference series that promotes dialogue on political reform among different sectors of the Hong Kong community, including citizens, politicians, academics, and think-tanks.  Source: http://designdemocracy.hk/about-us/?lang=en

The following conferences/seminars were held in this series:

• Breaking the Deadlock. October 2009,
• Will it Break the Deadlock? January 2010,
• Deadlock Broken – What Next? November 2010,
• New Voices on Hong Kong Political Reform. February 2011,
• What is Happening to Our Political System? April 2012. 

In terms of this partnership, the NDI got access to the name, brand and reputation of HKU to legitimize and expand their programs, whilst Professor Johannes CHAN continued in his role of powerbroker in Hong Kong politics.

Some of the ‘guests’ at these events were also prominent journalists and political commentators, which allowed the NDI to control the narrative by subverting the press in Hong Kong.

Conference poster

Front of conference poster

Back of conference poster

Conference details

Date: 27 November 2010

Venue: Meng Wah Complex, HKU.

Organisers: CCPL, NDI and Centre for Civil Society and Governance.

Chairperson

·         Prof Michael Davis, Professor of Law, CUHK;

·         Steve Vines, Political Commentator;

·         Ruy YEP, Research Director, SynergyNet;

Speakers

·         Prof Albert CHAN (HKU), Member, Basic Law Committee;

·         Prof Michael DeGolyer, Director, Hong Kong Transition Project;

·         Albert HO, Legislator, Chairman, Democratic Party;

·         Regina IP, Legislator, Chairperson, Savantas Policy Institute;

·         Allen LEE, Former NPC Delegate;

·         Alan LEONG, Legislator, Vice Chairman, Civic Party;

·         MA Ngok, Assoc Prof, Dept of Government and Public Admin, CUHK;

·         Ronny TONG, Legislator, Executive Committee Member, Civic Party;

·         Ada WONG, Chair, Hong Kong Institute of Contemporary Culture;

·         Jimmy WONG, District Councillor, (TaiPo).

Conference photographs

The following are some of the photographs taken at this conference:

Panel chaired by Professor Michael Davis

Panel chaired by journalist Steve Vines

Panel chaired by Ruy Yep, SynergyNet, with Albert HO, Chairman of the Democratic Party

Alan LEONG Kah-kit, Vice-chair, Civic Party

Professor Albert CHAN

Eliza LEE

Professor Michael DeGolyer

Professor Richard Cullen

Margaret NG

Jennifer Anne Eagleton of the Civic Party

Margaret NG, Michael Davis, Simon YOUNG, with Belinda Winterbourne and Steven TONG of the NDI

Journalist Steve Vines holding court

Photo credits

Hong Kong Political Reform Series on Facebook. Deadlock Broken. What Next? Posted on 27 November 2010. 

https://www.facebook.com/HongKongPoliticalReformSeries/?fref=nf

HKU Conference: Hong Kong Political Reform Series: Will it Break the Deadlock. January 2010

In 2004 the National Democratic Institute (NDI) collaborated with the Centre for Comparative and Public Law (CCPL) to sponsor the first of a series of events in the NDI’s Developing Political Parties program.

Hong Kong Political Reform Series

This was expanded in 2009, when the NDI partnered with the CCPL to launch the Hong Kong Political Reform Series, a conference series that promotes dialogue on political reform among different sectors of the Hong Kong community, including citizens, politicians, academics, and think-tanks.  Source: http://designdemocracy.hk/about-us/?lang=en

The following conferences/seminars were held in this series:

• Breaking the Deadlock. October 2009,
• Will it Break the Deadlock? January 2010,
• Deadlock Broken – What Next? November 2010,
• New Voices on Hong Kong Political Reform. February 2011,
• What is Happening to Our Political System? April 2012. 

In terms of this partnership, the NDI got access to the name, brand and reputation of HKU to legitimize and expand their programs, whilst Professor Johannes CHAN continued in his role of powerbroker in Hong Kong politics.

Some of the ‘guests’ at these events were also prominent journalists and political commentators, which allowed the NDI to control the narrative by subverting the press in Hong Kong. 

Conference poster

Conference details

Date: 9 January 2010

Venue: Meng Wah Complex, HKU.

Organisers: CCPL, NDI and Centre for Civil Society and Governance.

Speakers

·         Anson CHAN, Convenor, Citizen’s Commission on Constitutional Development;

·         Prof Johannes CHAN, Dean of Law, HKU;

·         Prof Albert CHAN (HKU), Member, Basic Law Committee;

·         Prof Anthony CHEUNG, Executive Council Member;

·         Frank CHING, Political Commentator;

·         Sandeep Chalani, best student debater of Uni summit on Constitutional Reform;

·         Prof Michael DeGolyer, Director, Hong Kong Transition Project;

·         Stephen LAM, Secretary for Constitutional and Mainland Affairs;

·         Alan LEONG, Legislative Councillor, Vice Chair, Civic Party;

·         Christine LOH, CEO, Civic Exchange;

·         Ruy YEP, Research Director, Synergy Net;

·         Prof Simon YOUNG, Director, Centre for Comparative and Public Law.

Conference photographs

The following are some of the photographs taken at this conference:

Anson CHAN, Speaker

Eliza LEE, Frank Ching, Ruy YEP and Michael DeGolyer

Professor Michael Davis panel

Professors Albert CHAN, Michael Davis, Simon YOUNG and CHAN Kin-man

Micheal DeGolyer, Eliza LEE, Political Commentator Frank CHING and Ruy YEP

Alan LEONG Kah-kit, Vice-chair, Civic Party

Professor Richard Cullen and Alan LEONG Kah-kit

Journalist Francis Moriarty interviewing Alan LEONG Kah-kit. The NDI's Belinda Winterbourne is in the background

Political commentator Frank CHING

Eliza LEE

Professor Simon YOUNG

Albert CHAN

CHAN Kin-man

Professor Michael DeGolyer

Professor Richard Cullen

Eric CHEUNG Tat-ming asking a question

Benny TAI asking a question

Journalist Francis Moriarty asking a question

Photo credits

Centre for Comparative and Public Law Facebook Page. The 2009 Consultation Document - Will it Break the Deadlock? Posted on 9 Jan 2010 https://www.facebook.com/ccplhk/photos?ref=page_internal