Politics
Written by: Zheng Rongdi
2020-03-27 07:00
Last updated: 2020-03-27 07:00Coinciding with the 30th anniversary of the promulgation of the Basic Law, the former Legislative Council Chairman Zeng Yucheng, who was a member of the Preparatory Committee for the SAR, said in an interview with Hong Kong 01 that the contradiction in the practice of the Basic Law is not sufficient to cope with the changes in the political situation in China and Hong Kong in recent years. It is asserted that one country, two systems must be far-reaching, and amendments to the Basic Law cannot be avoided, and the central government should not "cut the toes to avoid sand bugs" because of fear of handling disputes.
Zeng Yucheng proposed that an expert group composed of members of the drafting committee of the Basic Law take the lead in studying the Basic Law, submit proposals to the central authorities for amendments to the law, and then the central authorities would propose preliminary ideas for amendments, and launch a large consultation and debate in Hong Kong. He believes that the more controversial provisions can be discussed first, such as the abolition of the Executive Council and the establishment and functions of the Joint Office in the Basic Law, and I believe that Democrats will not object to the above amendments.
Zeng Yucheng pointed out that the most reasonable way to improve the Basic Law was to amend it. However, to date, it is necessary to propose amendments for outdated provisions, but it will trigger huge social controversy. (Photo by Lu Yiming)
Three Contradictions in Basic Law Practice
Zeng Yucheng explained that the central government could not predict the situation in Hong Kong for decades later, so Deng Xiaoping instructed the drafting process of the Basic Law to adopt the principle of "coarse and not fine", leaving room for manoeuvre for the future to improve and concrete the provisions in practice. Into. "Originally, the most reasonable way to improve the Basic Law is to amend it. You can hardly imagine that the Basic Law promulgated in the 1990s can be used to deal with the current problems." However, to date, it is necessary to propose amendments to outdated provisions, which will trigger The society is extremely controversial. In other words, when the Basic Law was designed in the past, there was room for future amendments, but now it cannot be amended. This is the first major contradiction.
According to Zeng Yucheng's understanding, the Central People's Government wrote this Basic Law with the greatest goodwill and best expectations. It also wanted to win the support of Hong Kong people for the return to the motherland. The SAR should legislate on Article 23, but did not mention what would happen if Hong Kong did not legislate on Article 23. For example, the Central Authorities can include the implementation of a national law in Hong Kong through Annex III (the current example is the National Anthem Law), but did not mention the consequences of failure to implement local legislation and implementation in Hong Kong. Because "the Mainland had good intentions at the time, I felt that since the return, how could Hong Kong not cooperate with the Central Authorities." However, the reality is that the Basic Law cannot be implemented without a mechanism to deal with it. This is the second major contradiction.
The third major contradiction is the understanding and interpretation of the political reforms by the central government and Hong Kong. Zeng Yucheng recalled that the trend of democracy was flourishing when he wrote the Basic Law. "At that time, Chen Fang Ansheng said that I believe that one country, two systems will eventually change into one country, one system, and it will become Hong Kong. At that time, many people in the Mainland also thought so. . "Against this background, the goal of universal suffrage was born. However, neither the central government nor Hong Kong can predict that the relationship between China and Hong Kong will evolve into today's situation 30 years later, which will lead to the indefinite progress of political reform. Why did you come up with a nomination for a citizen? "It was thought that the root cause of the constant political disputes in Hong Kong is here.
He pointed out that, irrespective of the anti-revision storms that occurred last year, the three political crises that occurred in the 23 years since Hong Kong's return were completely unresolved. The 831 incident of the National People's Congress, 23 pieces of legislation, and national education were rejected. relationship. He asserted that amending the Basic Law is something that cannot be avoided. "The central government cannot cut off the toes and avoid sand bugs, and feels afraid to stubbornly, and does not resolve them, otherwise the contradictions will only grow larger."
Zeng Yucheng proposed that an expert group of 7 members who are still alive in the Basic Law Drafting Committee take the lead to study the practice of the Basic Law. (Photo by Lu Yiming)
Expert team makes recommendations after research
So how do we proceed to resolve these "three major contradictions"? Although the Hong Kong Special Administrative Region has the right to propose amendments to the Basic Law, the threshold is extremely high because it must meet the "two-thirds members of the Hong Kong National People's Congress", "two-thirds members of the Legislative Council" and "the Chief Executive's consent". The conditions were then handed over to the Hong Kong National People's Congress delegation and presented at the National People's Congress meeting. Zeng Yucheng said with a smile that this plan "basically needs no thought."
He continued that except for Hong Kong, the State Council and the Standing Committee of the National People's Congress both have the right to propose amendments to the Basic Law. "The State Council can mention it at any time, and no one can stop it, so if the central government is determined to modify it, no one can stop it." Zeng also added that although the central government has the right to do so, it must do its utmost, consult fully, fully evaluate the repercussions in Hong Kong society, and fully prepare to dismantle bombs. "Do n’t push the (regulation) fugitive offender regulations like the SAR government." .
Zeng Yucheng proposed that the 30th anniversary of the promulgation of the Basic Law should be led by a group of 7 members who are still alive in the Basic Law Drafting Committee at that time to take the lead in studying the practice of the Basic Law, then propose it to the Central Committee and propose amendments by the Central Committee. The basic idea of the Basic Law, and consultations and debates in Hong Kong. "There must be a lot of controversy here, but there is no problem. Everyone is ready to face the controversy. A problem does not mean that you don't have it if you don't take it out."
Zeng Yucheng pointed out that when amending the Basic Law, more controversial provisions can be discussed first, such as the abolition of the Executive Council. (Photo by Lu Yiming)
Less controversial amendments to give priority to discussions including abolition of the guild system
Zeng Yucheng suggested that some of the more controversial provisions could be discussed first, such as the abolition of the executive council, "It's irrational, completely out of touch with the times, and can be operated in a black box. The Chief Executive can talk about who can join the guild." He referred to some other British colonies after independence. A similar system was abolished in 2014, but Hong Kong still retains it.
He also proposed that the establishment and functions of the Joint Office of the People's Republic of China are listed in the Basic Law, referring to the three major central government agencies in Hong Kong, namely the Joint Office of the Central People's Republic of China, the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong, and the People's Liberation Army Forces in Hong Kong. Provisions are made in Articles 13 and 14 of the Basic Law; only the China Liaison Office, which ranks first, cannot find any Article in the Basic Law that mentions its establishment and functions.
"China wants to win back the confidence of Hong Kong people if it wants to win back to Taiwan"
Zeng Yucheng believes that the Chinese government still hopes for the peaceful reunification of Taiwan, and the foundation of peaceful reunification is one country, two systems. Therefore, he expected that the central government will continue to adhere to one country, two systems in the future. "Now Taiwanese look down on one country, two systems. I believe in one country, two systems, because the practice of one country, two systems in Hong Kong will not give them confidence. "Therefore, in order to win back the confidence of Taiwan, China must first win back the Hong Kong people's confidence in one country, two systems and the Basic Law. What? ''
The social atmosphere is tense. Under such circumstances, proactively proposing amendments to the Basic Law is undoubtedly dropping another political bomb. Why do you think that the democrats are willing to accompany them to "make a show"? Zeng Yucheng thinks that the result depends on how to modify it. "If it is changed according to their wishes, why not participate? If they don't participate, they give up their voice."
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In the end, Zeng Yucheng laughed at himself, expecting that his proposal would not be accepted even in the establishment circle, "It is better for me, just say that I am wishful thinking and scholars talk about politics." He sighed and asked, "But if you don't, How is it? I don't see a second way. "
In 2015, the "8.31" political reform plan was rejected, the Occupy China incident broke out, and China-Hong Kong relations fell to the freezing point. Zeng Yucheng pointed out that since then, the channels of communication between the pan-democratic parties in Beijing and Hong Kong have been blocked since then. If the central government wants to start a major discussion on revising the Basic Law, it must first establish normal channels of communication with the democratic parties. The focus is on the central government's greatest sincerity and democracy. Communicating, "No matter how you look at the people of Panmin, they do have the support of a considerable part of the people in Hong Kong. Without communication, how can one country, two systems be stable?"
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