From Consultation to Civic Engagement
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From Consultation to Civic Engagement: The Road to Better Policy-making and Governance in Hong Kong Commissioned by Bauhinia Foundation Research Centre Prepared by Centre for Civil Society and Governance The University of Hong Kong Release Date: July 2007 Research Team Membership Authors of the Report Prof. Joseph C.W. CHAN Director, Centre for Civil Society and Governance Dr. Peter T.Y. CHEUNG Fellow, Centre for Civil Society and Governance Dr. Elaine Y.M. CHAN Research Officer, Centre for Civil Society and Governance Dr. Wai-fung LAM Fellow, Centre for Civil Society and Governance Dr. Wai-man LAM Fellow, Centre for Civil Society and Governance Dr. Eliza W.Y. LEE Fellow, Centre for Civil Society and Governance Mr Kenneth K.M. CHAN Project Consultant, Centre for Civil Society and Governance Project Consultant Mr Kenneth K.M. CHAN (Aug 2006 to Mar 2007) Dr. Rikkie L.K. YEUNG (June 2006 to Aug 2006) Research Assistants Mr Kwan Nok CHAN Mr Kelvin T.O. SIT Study Group Membership Mr W K LAM Mr Peter LAI Dr Dorothy CHAN Dr Darwin CHEN Dr Maria FRANCESCH Ms Zandra MOK Mr Francis NGAI Ms Sylvia YAU Mr Danny YUNG Ms Rose ZHU From Consultation to Civic Engagement Contents Acknowledgements i Abbreviations iii Executive Summary (English version) v Executive Summary (Chinese version) xxvii 1. Introduction 1 2. International Values and Principles of Civic Engagement 11 3. Civil Society and Civic Engagement Mechanisms in Hong Kong 25 4. Arts and Culture Policy: The Case of Management of Venues for Performing 49 Arts 5. Environmental Policy: The Case of Municipal Solid Waste Management 73 6. Planning Policy: The Case of the Southeast Kowloon Planning 101 7. Welfare Policy: The Case of the Commission on Poverty 135 8. Overseas Experiences 153 9. Overall Summary and Discussion 167 10. Conclusion and Recommendation 191 Appendices 1. Interview Questions 197 2. Number and Classification of Interviews 199 3. Chronologies of Case Studies 201 4. Extracts of International Reports on Civic Engagement 215 5. References 231 From Consultation to Civic Engagement Acknowledgements This research project could not have been completed without the extensive assistance and support of many individuals and organisations. First and foremost, the Research Team is grateful to the Bauhinia Foundation Research Centre for supporting our research effort and to members of the Study Group, who offered helpful advice, insight, and assistance over the past eight months. We are indebted to the government officials and civil society figures who spared their valuable time for the research interviews. Their enthusiasm in sharing their experiences was a great inspiration, and their candidness enlightened our outlook. While we are unable to thank them individually for reasons of confidentiality, we wish to take this opportunity to acknowledge their views, suggestions, and comments on which this Report is founded. All errors remain our own. i From Consultation to Civic Engagement ii From Consultation to Civic Engagement Abbreviations AAB Antiquities Advisory Board ACE Advisory Council on the Environment AOs Administrative Officers BCSB Broadcasting, Culture, and Sports Bureau CDO City District Office CFA Court of Final Appeal CHC Culture and Heritage Commission CoP Commission on Poverty CPA Committee on Performing Arts CSD Council for Sustainable Development CSI Civil Society Index CSOs Civil society organisations DPA Development Permission Areas EIAs Environmental Impact Assessments EOI Expression of Interest EPCOM Environmental Pollution Advisory Committee EPD Environmental Protection Department ExCo Executive Council GDP Gross domestic product EU European Union HAB Home Affairs Bureau HEC Harbour-front Enhancement Committee HKCSS Hong Kong Council of Social Service HKSAR Hong Kong Special Administrative Region IR Invitation and Response (document) ICTs Information and communication technologies IWMF Integrated Waste Management Facilities LegCo Legislative Council LCSD Leisure and Cultural Services Department LPs Layout Plans MSW Municipal solid waste NENT Northeast New Territories NCVO National Council of Voluntary Organisations NWNT Northwest New Territories ODPs Outline Development Plans OECD Organisation of Economic Co-operation and Development OZP Outline Zoning Plan PlanD Planning Department POAS Principal Officials Accountability System PRC People’s Republic of China PVRM Personalised Vehicle Registration Marks RCB Recreation and Culture Branch RSD Regional Services Department SARS Severe Acute Respiratory Syndrome SENT Southeast New Territories iii From Consultation to Civic Engagement SDU Sustainable Development Unit SWAC Social Welfare Advisory Committee SWNT Southwest New Territories TDS Territorial Development Strategy TPB Town Planning Board UC Urban Council UK United Kingdom URA Urban Renewal Authority US United States USD Urban Services Department VCS Voluntary and community sector VPS Venue Partnership Scheme YMCA Young Men’s Christian Association YWCA Young Women’s Christian Association iv From Consultation to Civic Engagement Executive Summary I. Background 1. Hong Kong has come to a critical juncture. The traditional mode of public consultation has failed, but a new mode has yet to be established. The political and social ecology of Hong Kong has changed so drastically since 1997 that governing through an advisory system and conventional public consultation no longer satisfies public expectations. The chief executive has only a weak and limited power base from which to exercise the enormous constitutional power he possesses. New political forces that are beyond his control— the elected legislators and political parties— have strongly resisted a top-down approach in policy-making and consultation. In addition, the media and civil society have actively targeted government failures and demanded that the government become more accountable, transparent, and responsive. In face of these challenges, it is imperative that the government and the people of Hong Kong find a new way of engagement. 2. The awakening of civil society after the massive rally of 1 July 2003 makes the search even more pressing. Demands from civil society since 2003 have increased in scope, scale, and intensity. Through protests, rallies, and various other actions, civil society organisations have amassed enough societal pressure to halt the West Kowloon Cultural District development and to demand a say in public projects relating to the reclamation of Victoria Harbour and the redevelopment of Kai Tak, to cite but two examples. Not only has civil society become more vocal, but the emergence of new groups and new forms of organisation has also increased the unpredictability of societal demands and actions. The most recent case in point has been the effort of citizens to stop demolition of the Star Ferry Pier. Clearly the traditional form of public consultation no longer fully encapsulates the views of civil society, which are dynamic and changing. 3. New problems call for new solutions, and we can learn much from the global trend in public governance. The United Nations, the World Bank, the OECD, and the European Union have attached great importance to civil society organisations in their work. The governments in Canada and the United Kingdom have developed formal agreements with their civil societies for the joint promotion of social development. The two countries have also experimented with new ways to engage their citizens in policy-making. Outstanding examples are Vancouver’s CityPlan and Community v From Consultation to Civic Engagement Visions projects, which have sought to develop a shared vision of the city’s future. The projects consisted of a series of extensive engagement exercises that employed a variety of methods to help citizens to learn and deliberate about the issues of future planning. The envisioning exercises were well received across the entire Vancouver community, and they have helped to generate public endorsement of many of the planning principles that will guide the city’s future development. 4. We can also learn from recent engagement exercises at home. The year 2003 marked not only a watershed of civil society development in Hong Kong, but also the emergence of a new mode of advisory committee and public consultation in policy- making. That year saw the establishment of the Council for Sustainable Development, an advisory body that adopted a new method of public engagement that emphasised learning and deliberation. Following suit, a number of advisory bodies also incorporated relatively new elements into their processes of civic engagement. As the experience of these exercises may affect the future development of civic engagement, it is important to examine them to discover what we can do to improve similar practices in the future. It was in this spirit that in May 2006 the Bauhinia Foundation Research Centre commissioned the Centre for Civil Society and Governance at the University of Hong Kong to study different modes of the advisory system and of public consultation that the HKSAR government had employed and to make recommendations to improve civic engagement. II. Definition of Civic Engagement 5. “Civic engagement” does not have a well-established usage. For the purposes of this report, the concept is defined as an organised process where a government has taken the initiative to involve citizens in all stages of policy development, from identification of problems, to clarification of values and interests, development of policy alternatives and prioritisation