Hong Kong Democratic Foundation

HKU-CCPL

Proposer Series on Political ReformWednesday, 16 April 2014

5:30 pm - 7:30 pmAcademic Conference Room, 11/F Cheung Yu Tung Tower

The University of Hong Kong

2017 Chief Executive Election

Proposals

Alan Ka-lun LUNG, ChairmanHong Kong Democratic Foundation

Hong Kong Democratic Foundation

2017 CE Election Proposals based on A-26 and A-45 of the

Basic Law:

NOMINATING COMMITTEE FORMATION: • Alternative 1: By direct election of registered voters who elect 3 members in each of the 400 District Councils • Alternative 2: Nomination committee (NC) based on the 2012 CE election • All corporate votes replaced • All elected district councilors to join the NCNOMINATING PROCESS: • 1/8 of NC members • Or with at least 100,000 nominations from registered GC votersOATH OF CE OFFICE BEFORE BECOMING CANDIDATE: • All candidates once elected to be nominated by the NC have to affirm to abide by the Oath of the CE Office • After the closing date for submission of nominations by candidates, the NC (e.g. jointly signed by 100 NC members) has right to make a complaint and ask the Electoral Affairs Commission to start the legal process of removing the candidateVOTING PROCEDURE: • Universal Suffrage • A second round voting for the top 2 candidates if no candidate receives more than 50% votes

Hong Kong Democratic Foundation

Qiao Xiaoyang’s discussion with Hong Kong Legco Members

24 March 2013 (meeting held in Shenzhen) 喬曉陽 2013 年 3 月 24

日在香港立法會部分議員座談會上的講話 : http://www.locpg.hk/jsdt/2013-03/27/c_126019897.htm 7,000 words (19 paragraphs)

but only talked about three points:

1. In accordance to the Basic Law (Agree – HKDF’s proposals are based on the Basic Law);

2. The CE cannot work against the Central Government (Agree – Paul Zimmerman’s Job Interview Theory);

3. “Democratic Procedures” (The core issue – Qiao Xiaoyang, however, left some room for discussion).

An amusing moment at the meeting with the Constitutional and Mainland Affairs Bureau, HKSAR Government 26 July 2013. Left to right: Ronald Chan (Political Assistant), Freely Cheng (Principal Assistant Secretary) & Gordon Leung (Deputy Secretary).

Hong Kong Democratic Foundation

“... nomination by a broadly representative nomination committee in accordance with democratic procedures” in Articles 45 of Basic Law interpreted as “Organisational Nomination” or “Collective Nomination”:

1. For the purpose of implementing “Love Country, Love Hong Kong?”

2. How to explain why “Organisational Nomination” is not mentioned in the Basic Law?

3. Does this mean that CE candidates were not nominated according to “Democratic Procedures” in 2007 and 2012?

4. Conflict between “Organisational Nomination” and Articles 25 and 26 of the Basic Law? (A-25: All Hong Kong residents are equal before the law; A-26: Permanent residents of the HKSAR shall have the right to vote and to stand for election in accordance with the law.)

Hong Kong Democratic Foundation

In accordance to the Basic Law and Hong Kong’s Legal System:

1. How to define “Love Country, Love Hong Kong” and turn it into a fair and equitable law that can be executed objectively (would it be easier to define election behaviour) ?

2. How does one explain why “Organisational Nomination” would be acceptable while “Civil Nomination” is not when neither are mentioned in the Basic Law?

3. Does it mean that the HKSAR Government must seek NPCSC clarification so that there is no risk for the elected CE to be removed after losing a judicial review? Is it easier for the NPCSC to initiate a re-interpretation? Will this solve the problem or will it “throw oil on the fire”?

Hong Kong Democratic Foundation

Will we find the right answer for the CE Election in the midst of calculations and miscalculations?

1. Is there an alternative to “Democracy against Communism”?

2. Will we find an alternative democratic development path that does not affect the Central Government’s sovereignty over HK?

(see: The Coming Collapse of China, by Gordon Chang)

3. In the context of respecting “Self-determination” and “One Country, Two Systems”, will we be able to find a way forward that does not affect the attitude of many mainlanders who seek more democracy but who do not necessarily oppose one-party rule? (see: Robert Harmel and Alexander Tan, One Party or Multi-Party Competition: Chinese Attitudes to Party System Alternatives)

4. Should we calculate the Central Government’s determination to exert sovereignty over HK and as well as the goodwill it may have to implement genuine democracy ?

(See HKDF 29 Dec 2009 Paper : http://www.hkdf.org/newsarticles.asp?show=newsarticles&newsarticle=253 )

Hong Kong Democratic Foundation

Conclusions : 1. “Democracy for China” is probably

easier to sell than “Democracy against China”

2. Compliance with the ICCPR (should the nomination procedure comply in a legal sense or in a comparative sense)?

3. Set of compliance principles (Source - Carole

Petersen, University of Hawaii):i. Comply to A-25 of ICCPR and A-45 of Basic Law;ii. Creation of nominating committee must be

transparent; understandable to the public and representative of voters;

iii. Transparent nominating procedure and a reasonably low threshold;

iv. HK could become ungovernable and unstable if the above lack legitimacy;

v. No need to change the Basic Law.