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Hong Kong 20 Years After The Handover Emerging Social and Institutional Fractures After 1997 2018 1St Edition Brian C H Fong Full Chapter PDF
Hong Kong 20 Years After The Handover Emerging Social and Institutional Fractures After 1997 2018 1St Edition Brian C H Fong Full Chapter PDF
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Studies in the Political Economy
of Public Policy
Series Editors
Toby Carroll
Department of Asian and International Studies
City University of Hong Kong
Hong Kong
Paul Cammack
Department of Asian and International Studies
City University of Hong Kong
Hong Kong
Kelly Gerard
The University of Western Australia
School of Social Sciences
Australia
Darryl S. L. Jarvis
The Education University of Hong Kong
Faculty of Liberal Arts and Social Sciences
Hong Kong
Studies in the Political Economy of Public Policy presents cutting edge,
innovative research on the origins and impacts of public policy. Going
beyond mainstream public policy debates, the series encourages heterodox
and heterogeneous studies of sites of contestation, conflict and coopera-
tion that explore policy processes and their consequences at the local,
national, regional or global levels. Fundamentally pluralist in nature, the
series is designed to provide high quality original research of both a
theoretical and empirical nature that supports a global network of scholars
exploring the implications of policy on society.
https://www.eduhk.hk/ahks
CONTENTS
vii
viii CONTENTS
Epilogue 339
Index 345
LIST OF FIGURES
xi
LIST OF TABLES
xiii
xiv LIST OF TABLES
Table 9.1 Social welfare subvention and total government spending 211
Table 9.2 Government subvention received by HKFYG 213
Table 9.3 Government subvention received by NLPRA 215
Table 12.1 News representation of Chinese tourists/visitors in Hong
Kong (2003–2015) 297
Table 12.2 Positive and negative views on Chinese tourists/visitors
in Hong Kong (2003–2015) 298
Table 12.3 News discourses of Chinese tourists in Hong Kong 299
Table 13.1 The distribution of occupations among Hong Kong’s
working population according to place of birth, 2011 333
INTRODUCTION: “ONE COUNTRY, TWO
SYSTEMS” FROM THEORY TO PRACTICE:
EMERGING SOCIAL AND INSTITUTIONAL
FRACTURES IN HONG KONG SINCE 19971
In the years leading to the handover on 1 July 1997, there were both
pessimists and optimists among the observers of the process of decoloniza-
tion and the establishment of the so-called ‘One Country, Two systems’
(OCTS) in Hong Kong. For the pessimists, their main concerns were two.
First, the socialist system in China could hardly accommodate a free market
capitalist Hong Kong. Conflict was inevitable. Second, the encounter
between an authoritarian China and a highly liberalized Hong Kong
would also be a source of conflict and contention. Personal freedom in
Hong Kong would quickly be contained. For the optimists, with China
eager to carry out market reform and Hong Kong being well placed in a
position to facilitate its economic reform and modernization, capitalism
would continue to prosper in the former British colony. So, the transfer of
sovereignty and the establishment of the Hong Kong Special Administrative
Region (HKSAR) would be no more than business as usual. Changes, if any,
would be minimal. Both the pessimists as well as the optimists failed to
anticipate the kind of problems encountered by Hong Kong since 1997.
Post-handover Hong Kong was characterized by emerging fractures,
tensions and contradictions. But these fractures, tensions as well as contra-
dictions are not quite those anticipated by either the pessimists or optimists.
In the years leading up to the drafting of the Basic Law, one of the major
concerns shared by people coming from different social sectors was con-
tinuity in economic, social and political development. This partly has to do
with the fact that most people, with quite a significant proportion of them
either having first-hand experience of authoritarian rule or having parents
xvii
xviii INTRODUCTION: “ONE COUNTRY, TWO SYSTEMS” FROM THEORY . . .
Yau explores the history and continuity of home ownership in the HKSAR
era and discusses the housing problem has become a source of social
fractures after 1997. Kwan’s chapter traces the changing dynamics of
state-nonprofit relations in Hong Kong and argues that the co-financing
welfare model has yielded uneasiness and tensions between the welfare
sector and the HKSAR Government. In a nutshell, Part II includes three
chapters that analyze how economic and social fractures have been widen-
ing since 1997.
Part III of this book looks at central-local tensions and identity
fractures in Hong Kong after 1997. The OCTS was originally conceived
as an institutional design that would keep socialist China and capitalist
Hong Kong apart from each other. Questions concerning central-local
relations and regional as well as national integration have been down-
played (if not totally ignored). At one point in time, it was simply assumed
that Hong Kong could take advantage of the liberalization of China’s
economy by relocating its manufacturing industries to the Pearl River
Delta and Hong Kong people could seize opportunities created by mar-
ketization and subsequently globalization in the Mainland. The actual
practice of the OCTS after 1997 points to the fact that the dynamics of
central-local relations are much more complex and challenging than ori-
ginally perceived. Yep’s chapter looks at the dynamics of central-local
relations by adopting a historical perspective. He traces the evolution of
Hong Kong autonomy during the British colonial time and then draws
lessons about the prospects of the autonomous status of Hong Kong
under Chinese sovereignty. Cheung analyzes the growing conflictual rela-
tions between the Mainland and Hong Kong in the midst of Beijing’s
“tightening” of its policy toward Hong Kong after the 1 July 2003 Protest
Rally. Chan makes use of secondary survey data on local identity analyzing
local Hong Kong people’s ambivalence toward China as their nation and
their resistance to a top-down approach to build national identity. Lui
examines the changing opportunity for Hong Kong residents working in
the Mainland, arguing that the notion of “China opportunity” in the
process of cross-border socioeconomic integration is actually unrewarding
and may well be a source of tension and grievance after 1997. Without
doubt, the four chapters in this part of the book demonstrate the various
challenges and problems surrounding the central-local relations in post-
handover Hong Kong.
This book volume is not only an attempt to capture the current social
and political development in Hong Kong, but it goes beyond that and
xxiv INTRODUCTION: “ONE COUNTRY, TWO SYSTEMS” FROM THEORY . . .
NOTE
1. Originally published in a slightly different form, reprinted from China
Perspectives, 2014/1 (online version at: http://www.cefc.com.hk/issue/
china-perspectives-2014-1), by permission of the French Centre for
Research on Contemporary China.
REFERENCES
Cheung, Anthony B.L. 2005. “Hong Kong’s Post-1997 Institutional
Crisis: Problems of Governance and Institutional Incompatibility.”
Journal of East Asian Studies, 5(1): 135–167.
Fong, Brian C.H. 2014. Hong Kong’s Governance Under Chinese
Sovereignty: The Failure of the State-Business Alliance After 1997.
United Kingdom: Routledge.
Lau, S.K. 1999. “The Rise and Decline of Political Support for the Hong
Kong Special Administrative Region Government.” Government and
Opposition, 34(3): 352–371.
Lau, S.K. 2000. “The Executive-Dominant System of Governance:
Theory and Practice,” in S.K. Lau (ed.), Blueprint for the 21st
century Hong Kong, Hong Kong: Chinese University Press (in
Chinese), pp. 1–36.
Lau, S.K. 2002. “Tung Chee-hwa’s Governing Strategy: The Shortfall in
Politics,” in S.K. Lau (ed.), The first Tung Chee-hwa administration,
Hong Kong: Chinese University Press, pp. 1–39.
INTRODUCTION: “ONE COUNTRY, TWO SYSTEMS” FROM THEORY . . . xxv
Kit Poon
K. Poon (*)
Department of Public Policy, City University of Hong Kong, Tat Chee Ave,
Kowloon Tong, Hong Kong SAR, China
e-mail: kitpoon@cityu.edu.hk
the banner of the Alliance for True Democracy in March 2013. The
Alliance also called for the adoption of a universal standard as the principle
for formulating the electoral system for the future Chief Executive.8
Although started separately, these two groups united in testing the deci-
sion issued by the NPCSC in 2007. By stressing universal standards, they
fought against any nominating procedure that might put the oppositions
in a defensive position.
The rise of Occupying Central with Peace and Love and the Alliance for
True Democracy in effect jump-started public discussion on constitutional
reform. Moreover, the concept of civil referendum and civil disobedience
agitated the central government as these suggested confrontation and
possibilities of social disorder. The central government soon rebuffed
them by pressing forward its bottom line for constitutional reform. It
declared that only those whose loyalty lies with the country and Hong
Kong could become the future Chief Executive if universal suffrage for the
Chief Executive was to be introduced in 2017. It categorically excluded
those who might be seen as “antagonistic” to the central government
from entering the race for the office of the Chief Executive. It warned that
universal suffrage for the Chief Executive must be kept within the bound-
aries set by the Basic Law and the decisions made by the NPCSC in 2007.9
If the high-profiled mobilization campaign had been a tactic for poli-
tical bargaining, then it did not produce the effect that the opposition
alliance had desired, nor did the stern warning on the part of the central
government reign in the oppositions as it had hoped. On the contrary, the
tension between the central government and the opposition alliance
quickly escalated. The Alliance shifted to a radical position by dropping
reconciliatory proposals that it had been considering.10 The final proposal
it put forward attempted to nullify the function of the future nominating
committee. It was proposed that anyone who could secure the endorse-
ment of political parties should be eligible to stand for the election of the
Chief Executive. Coined ‘civil nomination,’ the Alliance also proposed
that anyone who could secure the nomination of two percent of eligible
voters should be considered eligible. One the other hand, the future
nominating committee would unconditionally endorse candidates nomi-
nated by political parties and registered voters. The Occupy Central with
Peace and Love declared in June 2014 that the Alliance’s proposal had
won the hearts of participants who cast their votes via its electronic plat-
form. Together, these two groups sought to evade the decision of the
NPCSC in 2007 as the framework of reform.
8 K. POON
predicted, the Hong Kong SAR Government was short of the two thirds
of the total votes required for the passage of the reform package in the
Legislative Council. Legislators from the opposition alliance united
against the passage of the package.15
The political impasse over universal suffrage for the Chief Executive in
2017 illustrates two key challenges for democratization in Hong Kong
within the framework of One Country and Two Systems. The first chal-
lenge is the central government’s propensity for risk management. Rooted
in the political culture of the Chinese mainland, the central government
viewed high-profile social mobilization such as referendums and civil
disobedience with deep suspicion. To eliminate the risk of losing control
over the territory, it prefers to err on the safe side by tightening the strings
to reform. The second challenge lies in the fragmentation of the opposi-
tion alliance. Embedded in the local electoral system characterized by
Proportional Representation, the number of opposition parties grew
while the number of the seats represented by leading parties shrank in
the Legislative Council. Opposition parties can only enhance their nego-
tiation power by forging alliance among themselves and with activist
groups. The dilemma is such that the larger the alliance is, the wider the
political spectrum that the alliance represents and, consequently,
the harder it would be to formulate agreed negotiation positions. In the
event of massive social mobilization, the alliance tended to succumb to
radicalism to preserve unity within and its leadership position in social
movements. Both issues undermined the abilities of the two sides to forge
consensus over constitutional reforms.
The political impasse that resulted from the third round of reform
vividly exemplifies both challenges. With its authority in interpreting the
Basic Law and rendering decisions on constitutional development in
Hong Kong, the NPCSC assumes the role of dominant player.
Perceptions of the central government about its gains and losses at each
round of reform determine its willingness and degree of concession.
Behind the central government’s tight leash on constitutional reform
this time lay a sense of heightened risks of losing its control over the
territory. In fact, a year before the third round of constitutional reform
THE IMPASSE OVER CONSTITUTIONAL REFORM: NEGOTIATING . . . 11
The risk-free approach was in sharp contrast with the comparative leni-
ence that the central government had shown toward the oppositions in
previous races for the Chief Executives. Although selected by a fairly limited
Election Committee, candidates from the opposition parties succeeded in
becoming candidates in all three selections for the Chief Executive in the
post-handover years, including the by-election for the Chief Executive in
2005 and selections for the Chief Executive in 2007 and 2012. Although
none of these candidates eventually succeeded, one candidate from the
oppositions in fact secured the endorsement of nearly 32 percent of votes
in the Election Committee in 2007 (Li 2013: 48). Such tolerance toward
the oppositions suggests that the perception of the central government had
a great impact on its willingness to compromise. Constitutional reforms in
the future are likely to be continually shaped by the judgment of the central
government on the political landscape in Hong Kong.
The fragmentation of the oppositions forms the second challenge for
democratization in Hong Kong. In fact, the radicalization of the opposition
alliance illustrates the ways in which fragmentation undermines its ability to
negotiate with the central government in a cohesive manner. For parties
that sought reconciliation, ‘civil nomination’ was adopted as a compromise
for the sake of unity within the Alliance. Some opposition leaders hoped
that it could be a starting position for negotiation, while preparing to accept
a reform package within the framework of the Basic Law.19 But unity came
with a price. The Alliance soon saw itself being gradually dragged toward
the radical side of the political spectrum. ‘Civil nomination’ was adopted
first as one among a few options. Next, the Alliance found itself endorsing
nothing but nominating procedures that deviated from the decision of the
NPCSC issued in 2007 (Li 2013: 48).
The radicalization of the opposition alliance, in part, can be explained
by the weakness of leading parties in steering the direction of the Alliance.
The Proportional Representation system allows the survival of small
parties in elections. As the result, the number of opposition parties in
the Legislative Council had grown rapidly in the post-handover years.
Opposition parties hence often compete with each other for votes from
the same pool of supporters. A non-compromising stance as a campaign
strategy works for small parties as it appeals to certain segments of
the society. However limited the votes, small parties may be able to secure
one or two seats in the Legislative Council under the Proportional
Representation system. For parties that seek expansion via expended poli-
tical space and channels, reconciliation is the way forward. Nonetheless,
THE IMPASSE OVER CONSTITUTIONAL REFORM: NEGOTIATING . . . 13
from the social movement they had initiated at the beginning. Vetoing the
reform package tabled in the Legislative Council by the government was the
only politically sensible option. As a voting block, opposition parties showed
their solidarity with the student activists who then appeared to occupy the
moral high ground. Such a collective action also spared everyone in the
alliance from losing votes to its sister parties in the next Legislative Council
election. Caught between a radical social movement and a hawkish central
government, the opposition parties behaved the way they had been condi-
tioned by the Proportional Representation system. In the end, neither the
opposition alliance nor the students groups were able to advance Hong
Kong’s democratization.
NOTES
1. Article 43 and Article 45, the Basic Law.
2. Article 45, the Basic Law.
3. Article 5, the Basic Law.
4. Standing Committee of the National People’s Congress, Decision of the Standing
Committee of the National People’s Congress on Issues Relating to the Methods for
Selecting the Chief Executive of the Hong Kong Special Administrative Region and
for Forming the Legislative Council of the Hong Kong Special Administrative
Region in the Year 2012 and on Issues Relating to Universal Suffrage (Adopted at
the Thirty First Session of the Standing Committee of the Tenth National People’s
Congress on 29 December 2009), http://www.basiclaw.gov.hk/tc/basiclaw
text/index.html (accessed 18 May 2016).
5. Standing Committee of the National People’s Congress, The Interpretation
by the Standing Committee of the National People’s Congress of Article 7 of
Annex I and Article III of Annex II to the Basic Law of the Hong Kong
Special Administrative Region of the People’s Republic of China (Adopted at
the Eight Session of the Standing Committee of the Tenth National People’s
Congress on 6 April 2004), http://www.basiclaw.gov.hk/en/basiclawtext/
index.html (accessed on 18 May 2016).
6. Ibid.
7. Occupy Central with Peace and Love, “manifesto”, http://oclp.hk/index.
php?route=occupy/book_detail&book_id=11 (accessed 18 May 2016).
8. Alliance for True Democracy, “Proposals for universal suffrage”, http://
www.atd.hk/?page_id=38 (accessed 18 May 2016).
9. Liaison Office of the Central People’s Government in Hong Kong,
“Speeches of Qiao Xiaoyang at the Forum with Selected member of
Legislative Council” (in Chinese), http://www.bbc.com/zhongwen/
trad/china/2016/05/160519_china_zhangdejiang_hk_politics (accessed
April 17, 2017).
10. Alliance for True Democracy, “Proposals for universal suffrage”, http://
www.atd.hk/?page_id=177 (accessed 18 May 2016).
11. Standing Committee of the National People’s Congress, Decision of the
Standing Committee of the National People’s Congress on Issues Relating to
the Selection of the Chief Executive of the Hong Kong Special Region by
Universal Suffrage and on the Method for Forming the Legislative Council
of the Hong Kong Special Administrative Region in the Year 2016 (In
Chinese), http://www.2017.gov.hk/en/decision/index.html (accessed
on 18 May 2016).
12. Chun-ying Leung, “Seek Change Maintain Stability Serve the People with
Pragmatism”, http://www.policyaddress.gov.hk/2013/eng/ (accessed 18
May 2016).
THE IMPASSE OVER CONSTITUTIONAL REFORM: NEGOTIATING . . . 17
REFERENCES
Poon, Kit.. 2008. The Political Future of Hong Kong: Democracy within
Communist China. London: Routledge.
Zhu, Shihai. 2015. “Candidates for the Chief Executive of the Hong Kong Special
Administrative Region and the Will of the Central Government.” Hong Kong
and Macau Studies. January. (in Chinese).
Documents
The Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China.
Decision of the Standing Committee of the National People’s Congress on Issues
Relating to the Methods for Selecting the Chief Executive of the Hong Kong
Special Administrative Region and for Forming the Legislative Council of the
Hong Kong Special Administrative Region in the Year 2012 and on Issues
Relating to Universal Suffrage (Adopted at the Thirty First Session of the
Standing Committee of the Tenth National People’s Congress on 29
December 2009).
The Interpretation by the Standing Committee of the National People’s Congress
of Article 7 of Annex I and Article III of Annex II to the Basic Law of the Hong
Kong Special Administrative Region of the People’s Republic of China
(Adopted at the Eight Session of the Standing Committee of the Tenth
National People’s Congress on 6 April 2004).
Decision of the Standing Committee of the National People’s Congress on Issues
Relating to the Selection of the Chief Executive of the Hong Kong Special Region
by Universal Suffrage and on the Method for Forming the Legislative Council of
the Hong Kong Special Administrative Region in the Year 2016 (in Chinese).
Websites
Occupy Central with Peace and Love, http://oclp.hk.
Alliance for True Democracy, http://www.atd.hk.
Liaison Office of the Central People’s Government in Hong Kong, http://www.
locpg.hk.
The Constitution and Mainland Affairs Bureau, http://www.2017.gov.hk
Path of Democracy, http://pathofdemocracy.org.
Hong Kong Students Union Facebook, https://www.facebook.com/hkusupage.
Civic Party, http://www.civicparty.hk.
Kit Poon is a Visiting Fellow at the Department of Public Policy, City University
of Hong Kong. Her publications include The Political Future of Hong Kong:
Democracy within Communist China (Routledge, 2008). She completed her
THE IMPASSE OVER CONSTITUTIONAL REFORM: NEGOTIATING . . . 19
Ngok Ma
INTRODUCTION
Since the sovereignty changeover in 1997, the much-maligned execu-
tive-legislative relations in Hong Kong have been seen as a major cause
of governance problems in Hong Kong. In the last 20 years, Hong Kong
has seen three different Chief Executives (CEs). Each of them agreed
that there were major problems between the executive and legislature.
The problem remains unresolved if not aggravated by 2017, despite this
acknowledgement from both the executive and legislature.
For decades, the Hong Kong constitutional setup has been described
as “executive-dominance” or “executive-led” (行政主導). The term
conveyed a connotation of an autocratic, powerful, centralized executive
branch, with much power vested in the CE, resembling the colonial
governor, capable of dominating policy-making. In practice, the Hong
Kong executive after 1997 was plagued by a lack of elite cohesion, a
confused institutional logic, flawed political strategies, and other problems
N. Ma (*)
Department of Government and Public Administration, Chinese University
of Hong Kong, Hong Kong, China
e-mail: mangok@cuhk.edu.hk
that severely weakened its authority and capacity. The problem has grown
more serious in recent years, with executive-legislative conflict reaching a
climax by 2016, as testified by the frequency of filibusters and the inability
of the executive to control the legislative schedule.
This chapter will analyze the plight of executive authority in Hong Kong.
It will start from an institutional analysis of the political structure as laid
down in the Basic Law. It shows that the constitutional setup has a few gaps
and inconsistencies, which hamper executive authority, creating problems
and conflicts after 1997. It will analyze the political changes since 1997 that
brought about the fragmentation of authority of the executive branch and
exacerbated executive-legislative conflicts. Over the years, the incongruities
of the system, the absence of reform, and its inability to cope with rapid
changes in society mean that the maintenance of an ill-conceived system
with anachronistic features is bound to bring governance problems.
1. The Chief Executive (CE) and the bureau secretaries control most
of the policy-making power. Most government policies do not need
the approval of the legislature unless they entail changing of laws or
new appropriations.
2. The CE has a superior constitutional status to other branches of the
government. The CE is elected independent of the Legislative
Council (Legco).
3. The executive holds the initiative to propose legislations. Government
bills have a priority to get onto the Legco agenda (Article 72 (2)).
FROM EXECUTIVE DOMINANCE TO FRAGMENTED AUTHORITY: AN . . . 23
All bills passed by the Legco need the signature of the CE to become
effective laws.
4. The CE has a wide range of appointment powers, ranging from
government officials, judges, to chairs and members of various
public corporations, committees and boards. This appointment
power is not constrained by the Legco or the courts.
5. If the CE considers a bill passed by the Legco “not compatible with
the overall interests” of Hong Kong, he can return it to the Legco
for reconsideration. The CE can dissolve the Legco if s-he does not
want to sign a bill passed the second time by the Legco, or if the
Legco refuses to pass the annual budget or any important govern-
ment bills (Article 50).
This setup originated from the colonial system, which gave the
Governor dictatorial powers. Before 1985, the Governor appointed all
members of the Executive Council (Exco) and the Legco. The latter was
relatively powerless, with the exception of the power of financial control,
where it was entrusted to control the government to preserve a low-
expenditure, low-tax colony (Ma 2002). In the 1980s, when the Basic
Law was under draft, this “executive dominant” system was seen by
Beijing as an efficient one with power in the hands of bureaucrats, with
few political struggles and no party politics that might adversely affect
stability and governing efficiency. The basic logic was then borrowed
and instituted into the post-1997 Basic Law, hoping to deliver effective
governance by putting most power in the hands of the CE and the
bureaucratic polity.
It would be too simplistic to assume that a post-colonial monarch was
instituted in the Basic Law, no matter how the CE is eventually going to
be selected. If we make a careful analysis of the Basic Law, there are a few
noteworthy institutional “gaps” that are not clearly defined and ambig-
uous. These gaps have impacted the formation of the executive branch,
the division of labor within the executive, the political capacity of the
executive branch and executive-legislative relations after 1997.
leading to ambiguities and potential conflicts when the system was put
into practice after 1997.