Current affairs China perspectives cefc News Analysis Occupy Central and Constitutional Reform in Hong Kong KARITA KAN hree years after the controversial 2010 electoral reform package was of participants since 2004 taking to the streets clamouring for the speedy passed by the city’s legislature, Hong Kong again stands at a critical implementation of democratic reform. Tjuncture in the struggle for universal suffrage toward realising full This essay will focus on one social movement that has grown out of this democracy. In Article 45 of the Basic Law, the city’s constitution, the selec - context of disillusionment and growing sense of urgency. “Occupy Central” tion of the chief executive by universal suffrage is stated as the “ultimate (zhanling zhonghuan 佔領中環 ), as it has come to be known, is conceived aim.” However, the same article also stipulates that the selection method by Benny Tai Yiu-ting, a moderate law professor, as a last resort strategy to shall be specified “in light of the actual situation” and “in accordance with force Beijing to fulfil its promise of democracy. Although it shares the name the principle of gradual and orderly progress.” (1) Democrats had hoped for of the Occupy Wall Street movement in New York, the current campaign the introduction of universal suffrage as soon as 1997, but Article 6 of fights for something rather different. Section one examines the latest debate Annex I to the Basic Law stipulates that the first chief executive shall be on electoral reform in Hong Kong. Section two demonstrates how Occupy selected in accordance with the Decision of the National People’s Congress Central presents a unique case study in the recent history of social move - (NPC). (2) Because Article 6 only makes specification for the first chief ex - ments in the Special Administrative Region (SAR). The following two sec - ecutive, and Article 7 of the same Annex makes provisions for future amend - tions analyse reactions to the movement and seek to answer why Occupy ments, the two clauses have been interpreted by democrats as containing Central, noting how it has not only become the focus of attacks from pro- the implicit promise that after the first administration, universal suffrage Beijing groups but has also led certain members of the pan-democratic would be introduced as early as 2007. A heavy blow was dealt to such as - camp to question its viability. pirations by Beijing in April 2004, when the NPC Standing Committee voted to rule out universal suffrage for the chief executive election in 2007. (3) Contending versions of democracy Three years later, it further ruled out universal suffrage for the 2012 election. It was determined at the same session, however, that the election of the Following the NPC Standing Committee’s 2007 resolution that Hong Kong fifth chief executive in 2017 “may be implemented by the method of uni - versal suffrage,” and that after this all members of the Legislative Council 1. The full text of the Basic Law of the Hong Kong Special Administration Region of the People’s Re - public of China is available at www.basiclaw.gov.hk/en/index/index.html (accessed on 25 June (4) may be elected by universal suffrage. All attention is thus on the current 2013). administration, headed by Leung Chun-ying, to launch the reform process 2. “Decision of the National People’s Congress on the Method for the Formation of the First Govern - toward delivering the first democratically elected chief of the city.As of ment and the First Legislative Council of the Hong Kong Special Administration Region,” 4 April 1990, www.legislation.gov.hk/blis_ind.nsf/CURALLENGDOC/8E4706E4D2D578D7482575EE000E4FB6? summer 2013, however, there has been little sign that the leadership intends OpenDocument (accessed on 25 June 2013). to commence consultation. The future chief executive, according to the 3. “Decision of the Standing Committee of the National People’s Congress on Issues Relating to the Basic Law, will be elected from a pool of candidates nominated by a “broadly Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region in the Year 2007 and for Forming the Legislative Council of the Hong Kong Special Administrative Region representative” nominating committee ( timing weiyuanhui 提名委員會 ). in the Year 2008,” 29 April 2004, www.legislation.gov.hk/blis_pdf.nsf/6799165d2fee3fa Although the exact composition of the committee has yet to be decided, it 94825755e0033e532/18425962728D2E17482575EF00290144/$FILE/CAP_2208_e_b5.pdf (ac - cessed on 25 June 2013). A survey on Hong Kong people’s views on the Standing Committee’s is believed that Beijing will push for a makeup similar to that of the existing 2004 decision conducted by Civic Exchange is available on the think tank’s website, www.civic- Election Committee ( xuanju weiyuanhui 選舉委員會 ), which includes dis - exchange.org/wp/survey-on-hong-kong-peoples-views-on-scnpc-decision-civic-exchanges-analy - sis/ (accessed on 25 June 2013). trict representatives and lawmakers. Amendments to the Electoral Affairs 4. “ Decision of the Standing Committee of the National People’s Congress on Issues Relating to the Commission Ordinance will need to be enacted at least 12 months ahead, Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region and and allowing time also for any proposed reform package to be passed for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2012 and on Issues Relating to Universal Suffrage,” 29 December 2007, through the Legislative Council decisions must be made no later than the www.legislation.gov.hk/blis_ind.nsf/CURALLENGDOC/50CF52DA13DFB768482575EE000ED11A? final quarter of 2014. (5) Hence, there is urgent need to begin consultation OpenDocument (accessed on 25 June 2013). 5. Anson Chan, “The key step to universal suffrage,” South China Morning Post , 8 May 2013. See and negotiation as soon as possible. The 1 July march, an annual rally led also Hong Kong Transition Project, “Constitutional Reform in Hong Kong: Round Three,” commis - by the Civil Human Rights Front since the handover, saw a record number sioned by the Community Development Initiative, June 2013. N o. 2013/3 • china perspectives 73 Current affairs Table 1 – Proposals for the formation of the nominating committee for the 2017 chief executive election announced by the Alliance for True Democracy on 10 July 2013 Proposal Composition of nominating committee Nomination procedure Secure the support of no fewer than one tenth of 1,500-member committee with the addition of nominating committee members; A district councillors to the 1,200-member Election OR Committee Obtain the written endorsement of at least 2% of registered voters in geographical elections 400-member committee elected by voters Secure the support of no fewer than one tenth of B in 20 constituencies nominating committee members Secure the support of no fewer than one tenth of nominating committee members; 500-member committee made up of all legislators OR C and district councillors Obtain the written endorsement of at least 2% of registered voters in geographical elections Source: Official Facebook page of the Alliance for True Democracy. may elect its own chief executive in 2017 through universal suffrage, the de - versal suffrage in the 2017 chief executive election. (11) They came up with bate has turned to the actual mechanisms by which the city’s next head will three plans with regard to the composition of the nominating committee: be chosen. The overwhelming number of blank votes (54.6%) cast at the mock vote formally known as the 3.23 Civil Referendum Project, held by the Public • The first is to add 400 democratically elected district councillors to the Opinion Programme of the University of Hong Kong on the three official can - 1,200 members that will be formed along the lines of the current Elec - didates ahead of the 2012 chief executive election, certainly made the central tion Committee. Minus the seats in the Election Committee elected by government nervous about the prospect of introducing popular elections in district councillors, the new nominating committee will have around the SAR with a limited pool of vetted candidates. (6) Testing the waters, Politburo 1,500 members. Standing Committee member Yu Zhengsheng was the first high-level figure to • The second is to have a 400-member directly elected nominating com - remark that the SAR chief executive must love China and love Hong Kong mittee, to be elected by all voters registered in geographical constituen - (ai guo ai Gang 愛國愛港 ). He warned of the growing power of “subversive” cies by proportional representation. forces in the territory, fearing that Hong Kong may “become a base and the • The third is to have a 500-member nominating committee made up of bridgehead from which to subvert the socialist system in the mainland.” (7) Yu’s all district councillors elected in 2015 and legislative councillors elected remarks were reiterated days later by Central Liaison Office director Zhang Xi - in 2016. aoming, who added that the future chief executive must be trusted by the central government ( huo zhongyang xinren 獲中央信任 ) and that there must 6. A total of 222,990 votes were cast, via the Internet, smartphone and in person, over the two-day 篩選 polling period with the following results: 54.6% blank votes; 17.8% for Leung Chun-ying; 16.3% be a filtering mechanism ( shaixuan ) to ensure that a person who opposes for Henry Tang; 11.4% for Albert Ho. The activity report for the project is available for download (butuo, duili de ren 不妥、對立的人 ) Beijing will not be elected. (8) These re - at the Public Opinion Programme website, http://hkupop.hku.hk/english/release/ marks raised fears that the central government intends to screen out undesir - release929_popvote323_activity_report_en.pdf (accessed on 11 July 2013).