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International Political Economy Series Series Standing Order ISBN 978-0-333-71110-1 (outside North America only) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBN quoted above. Customer Services Department, Macmillan Distribution Ltd Houndmills, Basingstoke, Hampshire RG21 6XS, England Institutional Change and the Political Transition in Kong

Edited by

Ian Scott Professor ofPolitics and Government Murdoch University Western Australia

in association with the Palgrave Macmillan First published in Great Britain 1998 by MACMILLAN PRESS LTD Houndmills, Basingstoke, Hampshire RG21 6XS and London Companies and representatives throughout the world

A catalogue record for this book is available from the British Library. ISBN 978-l-349-26298-4 ISBN 978-1-349-26296-0 (eBook) DOI 10.1007/978-l-349-26296-0

First published in the United States of America 1998 by ST. MARTIN'S PRESS, INC., Scholarly and Reference Division, 175 Fifth Avenue, New York, N.Y. 10010 ISBN 978-0-312-21076-2 Library of Congress Cataloging-in-Publication Data Institutional change and the political transition in I edited by Ian Scott. p. em. - (International political economy series) Includes bibliographical references and index. ISBN 978-0-312-21076-2 I. Hong Kong (China}-Politics and govemment- 1997- I. Scott, Jan, 1943- II. Series. JQ 1539.5.A58157 1998 306.2'095125~c21 97-18333 CIP

Selection, editorial matter, Chapters I and 7 © Jan Scott 1998 Chapter 5 © Peter Wesley-Smith 1998 Chapters 2- 4, 6, 8-10 © Macmillan Press Ltd 1998 Softcover reprint of the hardcover 1st edition 1998 978-0-333-69245-5

All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission.

No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Totten ham Court Road, London WI P 9HE.

Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages.

The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988.

This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. 10 9 8 7 6 5 4 3 2 I 07 06 05 04 03 02 01 ()() 99 98 Contents

List of Tables vii List of Figures ix

List of Abbreviations X

Notes on the Contributors Xll Outline Map xiv

Preface XV

1 Introduction Ian Scott

Part I Public Opinion, Political Culture and Perceptions of Hong Kong's Institutions

2 Public Opinion on Hong Kong's Transition Michael E. DeGolyer 29

3 Political Culture and the Prospects of Democratization Rowena Kwok and Elaine Chan 64

4 Political Parties: Public Perceptions and Implications for Change Joan Y H. Leung 85

Part II The Legal, Political and Bureaucratic Framework

5 Legal Institutions and the Law Peter Wesley-Smith 123

6 Executive-Legislative Relations Norman Miners 139

7 The Bureaucratic Transition Ian Scott 158

v VI Contents

Part III The Chinese Government and the Future of Hong ,Kong's Institutions

8 The Chinese Government's Post-1997 Strategies Willy Wo-Lap Lam 183

9 China: The Dialectics of Autonomy and Integration Donald Hugh McMillen 210

10 'One Country' or 'Two Systems' Integration and Autonomy in Perspective Ian Thynne 234

Index 249 List of Tables

2.1 Annual formal political participation index 34 2.2 Influence of public opinion on government 38 2.3 Influence of groups on government 39 2.4 Influence of groups on government on livelihood issues 39 2.5 Preferences for the future of Hong Kong 43 2.6 Identity 44 2.7 Identity and political preference for the future 44 2.8 Gender and fundamental preferences 45 2.9 Education and fundamental preferences 46 2.10 Satisfaction with life in Hong Kong 48 2.11 Performance of Hong Kong government 48 2.12 Performance of the PRC government 49 2.13 Performance of the Hong Kong government in dealing with China 50 2.14 Performance of the PRC government in dealing with Hong Kong 50 2.15 Apprehension about the standard of living 51 2.16 Apprehension about personal freedom 52 2.17 Apprehension about political stability 53 2.18 Apprehension about the Hong Kong government's efficiency 53 2.19 Aspects of post-1997 Hong Kong creating the most apprehension 54 2.20 Preferences for Chief Executive 56 2.21 Preference to leave or remain in Hong Kong 58 2.22 Most important change causing emigration 58 3.1 Respondents' understanding of the meaning of a democratic government 68 3.2 Perceptions of a democratic system 69 3.3 Political activities of respondents in the past three years 70 3.4 Political knowledge about the 1995 Legislative Council elections 72 3.5 Levels of political efficacy 72 3.6 Perceptions of political liberty 74 3.7 Perceptions of social liberty 75

vii viii List of Tables

3.8 Perceptions of political equality 76 3.9 Correlation coefficients of previous scales 77 4.1 The emergence of political groups, 1982-84 87 4.2 Political orientations of major political groups in the transitional years (1985-95) 88 4.3 Public attitudes towards political freedoms 96 4.4 Satisfaction with the present political freedoms 97 4.5 Public expectation of political freedoms after 1997 98 4.6 Public confidence in the Chinese government 98 4.7 Public perceptions of political efficacy 99 4.8 Political participation of registered voters 100 4.9 Public trust in leaders and governments 101 4.10 Public perceptions of the policy orientation of political parties 104 4.11 Party identifiers' attitude towards political and judicial freedoms after 1997 107 4.12 Party identifiers' attitude towards accepting China's opinion 108 4.13 Party identifiers' attitude towards democratization 109 4.14 Public perceptions of parties' impact on Hong Kong society 110 4.15 Party identifiers' perception of the impact of parties on Hong Kong society 111 4.16 Party identifiers' perception of the impact of parties on democratization 111 4.17 Party identifiers' perception of parties' impact on China-Hong Kong relations 112 7.1 Bureaucratic values: change and continuity 160 List of Figures

2.1 Structure of Hong Kong political culture in the 1970s 35 2.2 Structure of Hong Kong political culture 1980s-90s 36 10.1 Integration and autonomy: positive and negative possibilities 235

ix List of Abbreviations

BL Basic Law BORO Bill of Rights Ordinance, 1991 BPF Business and Professional Federation CCP CE Chief Executive (of the Hong Kong Special Administrative Region) CFA Court of Final Appeal CHKA China Hong Kong Airlines CMC Central Military Commission (Chinese government) CNAC China National Aviation Corporation CRC Cooperative Resources Centre DAB Democratic Alliance for (the) Betterment of Hong Kong DP Democratic Party FTU Hong Kong Federation of Trade Unions HKADPL Hong Kong Association for Democracy and People's Livelihood HKAS Hong Kong Affairs Society HKASPDM Hong Kong Alliance in Support of the Patriotic Democratic Movement in China HKDF Hong Kong Democratic Foundation HKMAO Hong Kong and Macau Affairs Office HKSAR Hong Kong Special Administrative Region ICCPR International Covenant on Civil and Political Rights JCPDG Joint Committee on the Promotion of Democratic Government JDHK Sino-British Joint Declaration on Hong Kong LDF Liberal Democratic Federation LP Liberal Party MFA Ministry of Foreign Affairs (Chinese government) MOFTEC Ministry of Foreign Trade and Economic Co-operation (Chinese government) MP Meeting Point NCNA New China News Agency NHKA New Hong Kong Alliance NPC National People's Congress PAP People's Armed Police

X List of Abbreviations Xl

PHKS Progressive Hong Kong Society PLA People's Liberation Army PRC People's Republic of China RTHK Radio Television Hong Kong SCMP SEZ Special Economic Zone SMP Sunday Morning Post UDHK United Democrats of Hong Kong Notes on the Contributors

Elaine Chan is Assistant Professor in the Department of Public and Social Administration at the City University of Hong Kong. She has written on the 1991 and 1995 Legislative Council elections and on symbolic aspects of the democracy movement in China.

Michael E. DeGolyer is Associate Professor of History and Politics at Hong Kong Baptist University and Director of the Hong Kong Transi- tion Project. He has published extensively on the transition and is co- editor (with Donald Hugh McMillen) of One Culture, Many Systems (1993).

Rowena Kwok is Assistant Professor in the Department of Politics and Public Administration at the University of Hong Kong. She has coordinated electoral survey research on the 1991 and 1995 Legislative Council elections and has co-edited (with Joan Leung and Ian Scott) Votes without Power: The Hong Kong Legislative Council Elections, 1991 (1992).

Willy Wo-.Lap Lam is the China Editor of the South China Morning Post and a well-known Sinologist. He has published books on social- ism in China and on the rise and fall of Zhao Ziyang. His most recent book is China after Deng Xiaoping: The Power Struggle in Beijing since Tiananmen (1995).

Joan Y. H. Leung is Associate Professor in the Department of Public and Social Administration at the City University of Hong Kong. She has published on forms of representation and and is currently interested in the emergence of political p~rties in the territory.

Donald Hugh McMillen is Professor of Asian Studies at the University of Southern Queensland. He taught previously at the Hong Kong Baptist University where he was Director of the Hong Kong Transi- tion Project. He has published on both China and Hong Kong and is co-editor (with Man Si-wai) of The Other Hong Kong Report 1994 (1994).

Xll Notes on the Contributors xiii

Norman Miners was previously Reader in the Department of Politics and Public Administration at the University of Hong Kong. He is the author of The Government and Politics of Hong Kong, 5th edn (1991), Hong Kong under Imperial Rule 1912-1941 (1987) and numerous articles on the political history and political institutions of the ter- ritory.

Ian Scott is Professor of Government and Politics at Murdoch Uni- versity. He previously held the Chair of Politics and Public Adminis- tration at the University of Hong Kong. His publications include Political Change and the Crisis of Legitimacy in Hong Kong (1989), two edited volumes on the (with John P.Burns) and many articles on the transition.

Ian Thynne is Associate Professor in the Department of Political Science and Public Policy at the University of Waikato. He taught previously at the University of Hong Kong where he was head of the Department of Politics and Public Administration. He has published in the fields of public administration, public enterprise and public administration in small and island states. His books include (with John Goldring) Accountability and Control (1987) and (edited with Ian Scott) Public Sector Reform: Critical Issues and Perspectives (Asian Journal of Public Administration, 1994).

Peter Wesley-Smith is Professor of Law at the University of Hong Kong. He has written extensively on questions of public law, and his books include Unequal Treaty, 1898-1997 (1980), Constitutional and Administrative Law in Hong Kong, 2nd edn (1994) and (edited with Albert Chen) The Basic Law and Hong Kong's Future (1988). Beijinge PEOPLE'S REPUBLIC OF CHINA

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The transition from British to Chinese sovereignty over Hong Kong has been marked by a series of accords designed to secure the eco- nomic prosperity and political stability of the territory. With such concerns in mind, it might have been assumed that the nature of future institutions would have loomed large in the minds of de- cision-makers. There is indeed a good deal in the Basic Law and other documents on the formal nature of the institutional framework. But that is perhaps a different matter from the question of whether the post-1997 institutions will acquire or inherit value in the eyes of the population, or whether instead they will simply be empty shells through which the Chinese government realizes its political agenda. Remarkably, the British and Chinese governments have paid nothing beyond lipservice to the notion that effective institutions are best grounded in popular support. The central institutions of the Hong Kong Special Administrative Region, other than some political par- ties, have been imposed upon the population or inherited from a colonial regime. While attention has been paid to the formal powers and functions of institutions, little regard has been given to institu- tion-building, to how institutions derive support from the community. These issues form the subject matter of this book, which is structured around three central questions. What do Hong Kong people think of their institutions? How do those institutions presently work and how might they be expected to work in the future? And what will be the influence of the Chinese government on those institutions? The book is the product of a conference held in Fremantle in April 1996, which was funded by the Asia Research Centre of Murdoch University and the Australian and Asian Links programme of the Department of Foreign Affairs and Trade. The aim was to bring together researchers with considerable recent experience of Hong Kong to reflect on the course of institutional change in the context of the political transition. The Asia Research Centre organized the conference and I am especially grateful to Dick Robison, Cisca Spen- cer and Del Blakeway for their assistance. My colleagues at Murdoch, Anthony Sayers and Don Smart, and Denise Fisher of the Depart- ment of Foreign Affairs and Trade ably chaired the conference ses- sions. At the production stage I benefited greatly from the advice and editorial work of Helen Bradbury and Mandy Miller of the Asia

XV xvi Preface

Research Centre. Janet Payne performed marvels to make my manu- script intelligible to others and, as always, my wife and family pro- vided support, encouragement and light relief.

Perth IAN SCOTT