HONG
KONG HUMAN RIGHTS MONITOR
Press statement for immediate release (4 pages)
Enquiries: Mr. Law Yuk Kai (Director) (852) 9788 3394
One
Key Stance and Five Guiding Principles
for the
Constitutional Review Task Force
The Hong Kong Human Rights Monitor appeals to the Task Force on
constitutional review in Hong Kong today for the adoption of five
guiding principles. We also urge the Task Force to clarify that
its
basic stance of siding with the Hong Kong public so it does not to
become an enemy of the people by ignoring them or even betraying them.
The Task Force, headed by the Chief Secretary for Administration Donald
Tsang, was set up by the Hong Kong SAR Government to "seriously examine
... those [issues] concerning the understanding of the relevant
provisions of the Basic Law, and to consult relevant authorities of the
CPG".
The Task Force would not have been established if not for the Central
Government's communication to the Chief Executive that sufficient
discussions with the Central Government on the principles and
procedures in the Basic Law related to constitutional development in
Hong Kong must take place before settling on whatever arrangements are
to be made. The Monitor is concerned that any discussions or
consultation with the Central Government at this early stage could
probably result in the restriction, if not dictation, of the options
available to Hong Kong people in the consultation procedure and the
timetable. The Monitor thus urges that the Task Force and the
Hong
Kong SAR Government side with the Hong Kong people and vigilantly
defend their rights. Likewise, the Hong Kong public is obligated
to
constantly monitor the authorities to ensure that the interests of Hong
Kong and the public will be fully defended in the process.
One Key Stance – Siding with Hong Kong People
While the Task Force emphasizes repeatedly the need to clarify with the
Central Government on the “relevant principles and legislative process
of the Basic Law relating to constitutional development”, the Monitor
urges the Task Force not to scarify the interests of the Hong Kong
people. Voices and concerns of the Hong Kong people should be
carefully listened and fully reflected in its negotiation with the
Central Government. The Monitor would like to remind the Task
Force
that hundreds of thousands of people have already expressed their
support for full democracy by taking to the streets and/or by going to
the polling stations. Any distortion of public opinion would not
only
risk Tsang’s support rate, but also place the Government in a position
of being against the people, forcing the people to once again manifest
themselves in movements of people’s power.
Five Guiding Principles
The remarks by Donald Tsang that he drinks Hong Kong water and has Hong
Kong blood in his heart have provided us with little comfort.
After
all, the water he drinks is probably from Mainland China as Hong Kong
imports a lot of water from there. The Task Force should instead
adopt
clear guiding principles in their work that would guard against the
betrayal and exclusion of the Hong Kong people in the process.
The Monitor fears that the interests of Hong Kong people may be
betrayed if the Task Force does not operate in accordance with these
principles. The civil and political rights of the Hong Kong people need
to be defended in light of the record of the Hong Kong SAR authorities
seeking to please the Chinese authorities at the expenses of Hong Kong.
The five principles proposed by the Monitor are:
1. Transparency
Whatever the outcome of the current constitutional review, it will
affect the future of Hong Kong and its people. The Monitor
therefore
urges for Hong Kong people’s rights to information be fully respected
and call for the greatest transparency on the negotiations between the
Task Force and the Central Government. Hong Kong people should be
well
informed throughout the process, rather than being kept in the dark
they were during the Sino-British negotiations in the 1980s. The
Task
Force should inform the public of the latest developments by posting on
the Internet comprehensive reports of each and every meeting or
communication with the Central authorities and their
representatives.
Every effort should be made to facilitate the press to cover all
relevant occasions and provide them with full information. The
Government should of course report to and be questioned by the
Legislative Councillors regularly. The public will then have the
opportunity to monitor the development and give informed opinion to the
authorities.
Chief Executive Tung Chee-hwa said, "We have now come to the conclusion
that the best way is for us to communicate very, very openly and talk
through all these issues both in Hong Kong, and in Beijing so that we
can then be better prepared to move forward." We hope that he and his
Administration, including the Task Force, would honour such a promise
of transparency.
2. Public Participation
Not only should the Hong Kong people be informed of the latest
developments, the public should also be encouraged to express their
views during the process and be consulted effectively. In the
press
conference on 7 January 2004, Tsang only promised to “shortly meet the
Legislative Council, District Councils, the legal sector, academics and
other sectors.” What about the general public?
The Task Force already has a designated email account to collect
opinions and has promised to develop a website on constitutional
development. However, that is not enough. In Kenya, the
Constitution
of Kenya Review Commission not only held major academic seminars to
discuss constitutional review, but also carried out community education
programmes and hosted 212 public hearing sessions around the country to
listen to the concerns and opinions of the people. The Monitor
hence
calls on the Task Force to take similar initiatives to encourage public
participation. It should deploy sufficient resources to carry out
public hearings in local communities and conduct civic education
programmes on constitutional review (e.g. through a funding scheme run
by the Committee on the Promotion of Civic Education), so that the
public will receive sufficient information and have adequate
opportunity to participate in the discussion. Means of
participation
should be made easily accessible for all sectors of the society.
3. Respect the views of the Hong Kong public
It is not meaningful to merely pay lip service about consulting the
public but in fact to ignore their views because their views are
different from the authorities'. All views should be respected
and not
be brushed aside to clear the way for the Central Government’s views or
the Hong Kong authorities'. In no case should the authorities
seek
another “interpretation of the Basic Law” to pre-empt the Hong Kong
people's call for genuine universal and equal suffrage. Any such
an
attempt to twist the Basic Law for political convenience will only
undermine the authority of the Basic Law and the legitimacy of the
whole constitutional review exercise.
Any decisions that are made should truly reflect the views of the Hong
Kong people. The Monitor urges the Government not to manipulate
the
consultation and to refrain from distorting public opinion.
4. Abide by the International Covenant on Civil and Political
Rights
China has signed the International Covenant on Civil and Political
Rights (ICCPR) which is applicable to Hong Kong under a decision of the
Central Government and under the Sino-British Joint Declaration.
The
Task Force and the authorities must unequivocally declare and
effectively ensure that any principles or legislative procedures
regarding the review of constitutional development and all the
proposals arising there from, should conform to the standards laid down
in the Covenant.
Article 25 of the ICCPR provides that every citizen shall have the
right and the opportunity to vote and to be elected at elections by
universal and equal suffrage. The standards laid down in the Covenant
include the “right and opportunity" of every citizen "to vote and be
elected,” "without distinction," "without unreasonable restrictions,"
in “genuine,” “periodic elections,” "by universal and equal suffrage,"
"held by secret ballot," "guaranteeing the free expression of the will
of the electors."
Any conclusion of the current constitutional review that is
inconsistent with the standards laid down in the Covenant will be
contrary to the acknowledged rights of Hong Kong people and will be
condemned by international society, making the “Asia’s World City” a
mere empty slogan.
5. Impartiality
The Government does not have an impressive track record of genuine
consultation. In order to enhance public confidence and to truly
listen to the voices of the public, the Monitor urges the Government,
after consulting the Legislative Council, to appoint an independent
body to monitor and assess the overall pubic consultation process,
including the analysis of public opinions by the authorities, to ensure
that the consultation results will impartially and truly reflect the
views of the Hong Kong people.
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