To amend the method of selecting the CE, according to Basic Law, there should be three requirements: endorsement of at least two-thirds majority of all members of the Legislative Council, consent of the CE and the approval of the Standing Committee of the National People’s Congress (“SCNPC”). Under such layout, Hong Kong Citizens could elect their candidate representing them to express their voice in the Legislative Council, universal suffrage seems to be difficult but yet a goal to be achievable. But in 6 April 2004, SCNPC hand down Interpretation of Article 7 of Annex I and Article III of Annex II to the Basic Law, stating two steps should be added beyond the three existing steps, namely report made and submitted by the CE to SCNPC; SCNPC should determine whether there should be any need to amend the method of selecting the CE. To this stage, Hong Kong people realized that the Government of PRC would do anything to obstruct the “flaw” of Basic Law to end up the way to the universal suffrage, even the discussion of the availability.
The struggle continues and seems there will not be an end. At recent time, many controversial policies are proposed by the government: Replacement Mechanism of the Arrangements for Filling Vacancies in the Legislative Council; Study on Action Plan for the Bay Area of the Pearl River Estuary; Copyright (Amendment) Bill 2011; Ad Hoc Quota Trial Scheme for Cross Boundary Private Car; the anti-stalking law; are these proposals really proposed by the HKSAR government’s free will, or just the exemplification of the intention of PRC’s one?
Balance of Power
Getting disappointed by the political reality of having no hope in electing the CE by universal suffrage, people realized that balance of power, i.e. execution, legislation and jurisdiction, should be the key to defend the “One Country Two System” against from any further damage.
Although the existing constitutional structure do allows such circumstance to be achievable, functional constituencies do weaken the balancing power of legislation towards the execution. Similar to the selection of CE, the members of functional constituencies in the Legislative Council was selected by a method excluding the participation of the general public. This system has been criticized for unequal number of votes, unequal weight for each vote and unreasonable limitation on being a candidate or a voter. Though being heavily criticized, another political reality is that they are going to be last forever: as stated in Basic Law, to amend the method of selecting members of Legislative Council should get the endorsement of at least two-thirds majority of all members of the Legislative Council first, that means, the functional constituencies should abolished themselves. Having the right to enjoy the political free lunch, the members of the functional constituencies tends to response to the government’s will at the time they are voting. Any amendment or motion proposed by the pan-democratic camp, which mainly be elected in geographical constituencies, will always be turned down by the functional constituencies. The significant incident was the government seeking for funding approval for the construction of the Hong Kong Section of the Guangzhou-Shenzhen-Hong Kong Express Rail Link. At that time, 28 motions proposed by the pan-democratic camp were vetoed by the objection of the functional constituencies.
Fortunately, the sounded judicial system developed by the British Hong Kong has made a great effort on the balance of power in Hong Kong. The key component is the application of judicial review; anyone could apply to court if he thinks that any government authority exercises his power unlawfully or violating his rights, which such power is still not foreseeable in mainland Chain. From the former cases, such as the Judicial Review in Central and Wan Chai Reclamation and Dismantling and Restoring of the Queen's Pier, to the recent cases such as Judicial Review in Construction of Hong Kong-Zhuhai-Macao Bridge and Maids' Right of abode, people are becoming to have greater awareness on their rights. But still, there be challenge of abusing which lead to the waste of the public fund, considering some restriction should be imposed.
Pressure also comes from some high-ranking politician of PRC. In 2008, Xi Jinping, the First Secretary of the Central Secretariat of the Communist Party of China, speak to the public putting out that there should be co-operation of power rather than balance of power. Later in 2009, Zhang Xiaoming, vice director of Hong Kong and Macao Affairs Office, spoke highly of the efficiency of Macau’s co-operation of power. The maintenance of balance of power becomes difficult and pessimistic.
Freedom of Speech and Free Press
Considered as the forth power, the media is facing an unprecedented difficult situation after the transfer of sovereignty of Hong Kong.
In August 2011, Li Keqiang, the Executive Vice-Premier of the State Council of the People's Republic of China make a visit to Hong Kong. Few incidents which threaten the degree of Freedom of Speech and Freedom of Press happen. Mr. Wong Kin, a resident of Laguna City, wearing a T-shirt with very large red and blue Chinese characters: “REVERSE THE VERDICT ON JUNE FOURTH; the Revolution Has Not Yet Succeeded; BUILD DEMOCRACY; Comrades Must Still Persevere” printed on the back, was physically picked up and carried away by several plainclothes members of the VIP protection team; Lee Shing Hon, Student of Department of Politics and Public Administration of the University of Hong Kong (HKU), claimed to be confined by the Hong Kong Police force in the stairwell of Leung Kau Kui Building for an hour; Now TV released a video showing a police officer blocking the camera of the journalist; the Hong Kong Journalists Association complained that the press area was to far away from Li Keqiang.
Although there was no strong evidence showing such arrangement was directed by the government of PRC, when comparing the level of public security for protecting Hillary Rodham Clinton, the 67th United States Secretary of State, in her visit one month earlier, the one protecting Li Keqiang was obviously higher. At least, no“core security zone” was setup during Hillary’s visit. Nevertheless, a photo claimed to be taken in the “core security zone” was shared on the internet. In that photo, there was a plainclothes VIP protection team member, wearing a China Police badge, talking with two uniformed police. Will there be any relationship between the badge and such oversensitive arrangement?
