II. The Return of Hong Kong to China Ushered in a New Era for Democracy
In the late 1970s and early 1980s, the Chinese government decided to resume the exercise of sovereignty over Hong Kong, and announced the policy of One Country, Two Systems, under which Hong Kong would be governed by the people of Hong Kong, exercising a high degree of autonomy. A blueprint for developing democracy in post-1997 Hong Kong was drawn up.
1. China's State and Political Systems Determined that Hong Kong Would Establish a System of Democracy After Its Return to China
It is stipulated in China's Constitution that all power in the People's Republic of China (PRC) belongs to the people. The organs through which the people exercise state power are the National People's Congress (NPC) and the local people's congresses at all levels. The NPC and the local people's congresses are established through democratic election and are accountable to the people and subject to their oversight. All national and local administrative, supervisory, adjudicatory and prosecuting organs are created by the people's congresses and are answerable to them and subject to their oversight, in full accordance with the principles of democracy. According to the policy of One Country, Two Systems, Hong Kong is a special administrative region directly under the Central People's Government. In common with all other parts of China, its government is organized on the basis of democratic principles, as are its functions. At the same time, Hong Kong can develop democracy with its own characteristics in light of its actual conditions.
In the early 1980s, the CPC and the Chinese government laid down 12 basic policies on the future status of Hong Kong, known as the 12 Policies.1 These 12 Policies set out an overall policy and institutional framework for Hong Kong after its return to China, covering political, economic, social and cultural issues, external affairs and other fields. They constitute the core elements of the One Country, Two Systems policy. The fourth basic policy stated that the government of the HKSAR would be composed of local inhabitants, and that principal officials would be selected by election or through consultations held locally and be appointed by the Central People's Government. It thus outlined steps for establishing a system of democracy in post-1997 Hong Kong. This measure - ensuring that Hong Kong is governed by the people of Hong Kong and that the principal officials are elected or selected by means of consultation - was never considered under British colonial rule.
[The 12 Policies are:
(1)The Chinese government decided to resume the exercise of sovereignty over Hong Kong as of July 1, 1997.
(2)After resuming the exercise of sovereignty over Hong Kong, the central government would establish a special administrative region in Hong Kong in accordance with Article 31 of the Constitution. The Hong Kong Special Administrative Region would be directly under the Central People's Government and would enjoy a high degree of autonomy.
(3)The HKSAR would be vested with legislative and independent judicial power, including that of final adjudication. The laws, decrees and regulations currently in force in Hong Kong would remain basically unchanged.
(4)The government of the HKSAR would be composed of local inhabitants. The principal officials would be selected by election or through consultations held locally and be appointed by the Central People's Government. Those previously working in the public and police services in the government departments of Hong Kong may remain in employment. British and other foreign nationals may also be employed to serve as advisers to government departments of the HKSAR.
(5)The current social and economic systems in Hong Kong would remain unchanged, and so would the way of life. Freedoms, including those of speech, of the press, of assembly, of association, of travel, of movement, of correspondence, and of religious belief would be ensured in the HKSAR. Private property, ownership of enterprises, legitimate right of inheritance and foreign investment would be protected by law.
(6)The HKSAR would retain the status of a free port and a separate customs territory.
(7)The HKSAR would retain the status of a financial center, and its markets for foreign exchange, gold, securities and futures would continue. There would continue to be a free flow of capital, and the Hong Kong dollar would continue to circulate and remain freely convertible.
(8)The HKSAR would have independent finances.
(9)The HKSAR may establish mutually beneficial economic relations with the United Kingdom, whose economic interests in Hong Kong would be given due regard.
(10)Using the name "Hong Kong, China", the HKSAR may on its own maintain and develop economic and cultural relations and conclude relevant agreements with states, regions and relevant international organizations. The government of the HKSAR may itself issue travel documents for entry into and exit from Hong Kong.
(11)The maintenance of public order in the HKSAR would be the responsibility of the government of the HKSAR.
(12)The above-stated policies would be stipulated in the Basic Law of the HKSAR by the NPC of the PRC, and they would remain unchanged for 50 years.]
2. The Chinese Government Remains Committed to Developing Democracy in the HKSAR
On December 19, 1984, the Sino-British Joint Declaration was signed in Beijing. The document specified that the government of the People's Republic of China would resume the exercise of sovereignty over Hong Kong with effect from July 1, 1997 and that the government of the United Kingdom would restore Hong Kong to the PRC with effect from July 1, 1997. The document also outlines the steps to be taken during the transitional period before Hong Kong's return to China. The purpose was not to determine what political system would be implemented in Hong Kong after the handover, and certainly not to define the precise nature of the electoral system.
Paragraph 4 of Article 3 of the Sino-British Joint Declaration reads: "The Government of the Hong Kong Special Administrative Region will be composed of local inhabitants. The Chief Executive will be appointed by the Central People's Government on the basis of the results of elections or consultations to be held locally."
Annex I to the Sino-British Joint Declaration further specifies that "the government and legislature of the Hong Kong Special Administrative Region shall be composed of local inhabitants" and that "the legislature of the Hong Kong Special Administrative Region shall be constituted by elections."
These are the sole provisions of the Sino-British Joint Declaration concerning elections in Hong Kong. No mention is made of universal suffrage or democracy.
It is for China to decide what political and electoral systems will be adopted in Hong Kong after its return. During the formulation of the Basic Law, keeping in mind the national interests and the long-term development of Hong Kong, the Chinese government set as the ultimate goal that the Chief Executive of the HKSAR will be selected and the legislature constituted by universal suffrage. The assertion that "the UK secured universal suffrage for Hong Kong" has no factual basis.
The allegations that China has violated the Sino-British Joint Declaration are baseless. In reality, the British government unilaterally altered its policy towards China after the declaration was signed. It made massive changes to Hong Kong laws prior to the return, and since the return it has continued to interfere, with actions that contravene the Sino-British Joint Declaration and other agreements between China and the UK.
Prior to the return, these included creating a proposal for political reform (the OMELCO Consensus), implementing the British Nationality Selection Scheme, announcing an electoral reform package for 1994/1995, and enacting the Hong Kong Bill of Rights Ordinance.
In July 2020, the British government issued a new policy for Hong Kong residents to apply for a British National (Overseas) visa as a means for them to emigrate to the UK. The policy was another flagrant violation of the principles set in the Sino-British Joint Declaration and relevant agreements between China and the UK.
Since Hong Kong's return to China, China's Constitution and the Basic Law of the HKSAR have been the foundations underpinning the Chinese government's governance of the region. The UK has no sovereignty, power of administration, or right of supervision over post-1997 Hong Kong, nor does it have the right to intervene in Hong Kong affairs in any form. Legislative interventions and imposition of sanctions, in the guise of "democracy" and on the pretext of overseeing the implementation of the Sino-British Joint Declaration, flout international law and international rules, disrupt the successful practice of One Country, Two Systems, and interfere with and undermine the development of democracy in Hong Kong.
3. The Constitution and the Basic Law Established the System of Democracy in the HKSAR
- The Constitution and the Basic Law accord the constitutional powers and duties to the central government to establish and develop democracy in the HKSAR
It is stipulated in Article 31 of China's Constitution that "The state may establish special administrative regions when necessary. The systems instituted in special administrative regions shall, in light of specific circumstances, be prescribed by laws enacted by the National People's Congress."
The NPC decided to set up a drafting committee for the HKSAR Basic Law on April 10, 1985. On July 1, the drafting committee, consisting of 59 mainland and Hong Kong members, was formally established. Representatives from various sectors of Hong Kong society were involved in drafting the Basic Law, a process lasting four years and eight months.
The Basic Law was adopted at the Third Session of the Seventh NPC on April 4, 1990. It codifies the central government's basic policies towards Hong Kong in the form of a national law and specifies related institutional steps. The Basic Law provides the constitutional basis for establishing and developing democracy in Hong Kong. It also accords the central government constitutional powers and duties to direct and make decisions on the development of democracy in the HKSAR.
The Constitution and the Basic Law together create the constitutional foundations underpinning the HKSAR. They grant the central authorities overall jurisdiction over the region, detail the powers directly exercised by the central authorities, empower the HKSAR to exercise a high degree of autonomy, and confirm the central authorities' right to supervise the exercise of this autonomy. The direct powers of the central authorities are to establish the HKSAR, decide on its systems, organize its government, manage foreign affairs and defense affairs related to the HKSAR, appoint the Chief Executive and principal officials, archive and review legislation of the HKSAR, and amend and interpret the Basic Law. The central authorities also exercise the power to decide on the system of democracy in the region.
- The Basic Law provides the core components of democracy in the HKSAR and the pathway and principles for its future development
Article 45 and Article 68 of the Basic Law provide the core components of democracy in Hong Kong and the principles for implementation. The original versions of Annex I and Annex II of the Basic Law laid out the methods for selecting the Chief Executive and for forming the Legislative Council in the first decade after Hong Kong's return to China, as well as the processes for amending these methods after 2007. The Decision of the National People's Congress on the Method for the Formation of the First Government and the First Legislative Council of the Hong Kong Special Administrative Region was adopted on April 4, 1990 together with the Basic Law, specifying the method to be used.
Hong Kong practices an executive-led system with the Chief Executive at its core. Under this system, there are checks and balances and coordination between the executive and legislative branches, and the judiciary exercises its power independently. In the Explanations on the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Draft) and Its Related Documents, the Drafting Committee for the Basic Law underlined that to ensure the prosperity and stability of Hong Kong, the political system should conform to the principle of One Country, Two Systems and respect the legal status and realities of the region. It should accommodate the interests of all sectors of Hong Kong society and facilitate Hong Kong's economic growth under capitalism. The best practices of Hong Kong's previous political system should be maintained, together with an orderly and phased development of democracy. These are the principles for developing democracy in the region.
Paragraph 2 of Article 45 of the Basic Law provides:
"The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures." Paragraph 2 of Article 68 provides:
"The method for forming the Legislative Council shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the election of all the members of the Legislative Council by universal suffrage."
This sets dual universal suffrage as the ultimate goal in developing democracy in Hong Kong.
- The Basic Law embodies the principle of Hong Kong people governing Hong Kong, with patriots at the core
Article 2 of the Basic Law provides:
"The National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law."
Article 3 continues:
"The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of this Law."
Article 104 provides:
"When assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China."
These provisions of the Basic Law encapsulate the principle of Hong Kong people governing Hong Kong, as expressed in the words of former Chinese leader Deng Xiaoping: "We are confident that our fellow Chinese in Hong Kong can govern Hong Kong well… Hong Kong must be governed by the people of Hong Kong, with patriots at the core." These statements set the parameters for Hong Kong's governance under the policy of One Country, Two Systems, which underpin full democracy in Hong Kong.
- The Basic Law grants extensive democratic rights and freedoms to Hong Kong residents
Under the Basic Law, permanent residents of the HKSAR have the right to vote and the right to stand for election in accordance with the law, and Hong Kong residents have freedom of speech, freedom of the press and publication, freedom of association, assembly, procession and demonstration, and other rights and freedoms provided for under the Basic Law and the laws of the HKSAR. The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labor conventions as applicable to Hong Kong remain in force and shall be implemented through the laws of Hong Kong.
In addition, the Basic Law stipulates that Chinese citizens who are HKSAR residents are entitled to participate in the management of state affairs in accordance with the law. Furthermore, permanent residents of the HKSAR who are not of Chinese nationality also enjoy extensive political rights, including the right to vote and the right to stand for election. By any standard, Hong Kong's system of democracy is highly open and inclusive.
4. The Chinese Government Put an End to Interference and Established the Governance Structure for the HKSAR
- Striving to secure the "Through Train" arrangement
In order to achieve a smooth transition and transfer of government in Hong Kong, and ensure the effective functioning of the democratic system of the region following the transition, the Chinese government, in consultation with the British government, made a special arrangement for the First Legislative Council of the HKSAR: As long as they met the requirements of the relevant decisions of the NPC and provisions of the Basic Law, members of the final Legislative Council under British rule would be confirmed as members of the First Legislative Council of the HKSAR. This was known as the "Through Train" arrangement.
In October 1992, however, the British Hong Kong authorities unilaterally introduced electoral reform which violated the Sino-British Joint Declaration, the principle of alignment with the Basic Law, and the agreements and understandings reached between the two sides. This was known as the "Three Violations".
The Chinese government expressed its firm opposition to this measure. Notwithstanding, with utmost sincerity and patience, it conducted 17 rounds of talks with the British government on electoral arrangements. However, due to intransigence and deliberate confrontation on the British side, the negotiations eventually broke down.
It should be made clear that the Chinese government did not simply overturn the British electoral reform. Instead it adopted a pragmatic approach that took into account the realities in Hong Kong and the principle of developing its democracy in a gradual and orderly manner - an approach that responded to the people's reasonable wishes for democracy. Once again, this demonstrates that the Chinese government was committed to democracy in Hong Kong. What it opposed was arbitrary and duplicitous actions by the British side.
- Establishing the First Government and the Provisional Legislative Council of the HKSAR
In accordance with the Decision of the National People's Congress on the Method for the Formation of the First Government and the First Legislative Council of the Hong Kong Special Administrative Region, adopted on April 4, 1990, the HKSAR Preparatory Committee of the NPC passed the Method for the Selection of the First Chief Executive of the Hong Kong Special Administrative Region on October 5, 1996, and established the Selection Committee of the First Government of the HKSAR on November 2. The broadly representative Selection Committee consisted of 400 permanent residents from various social groups, sectors and backgrounds in Hong Kong.
On December 11, 1996, all 400 members of the Selection Committee cast their votes and elected the First-term Chief Executive of the HKSAR. On December 16 the central government appointed the First-term Chief Executive of the HKSAR. This was the first time in history that the head of Hong Kong had been elected by its people, and it was the first time that a local Chinese citizen had assumed this significant role.
After the "Through Train" was derailed, the HKSAR Preparatory Committee of the NPC had to avoid a vacuum in its legislature once the HKSAR was established. It therefore passed a decision on March 24, 1996 to establish a Provisional Legislative Council. The decision mandated the formation and the functions of the Provisional Legislative Council after the election of the First-term Chief Executive, until the First Legislative Council was formed.
On October 5, 1996, the Preparatory Committee adopted the method for forming this body. On December 21, the Selection Committee elected 60 members from a total of 130 candidates to form the Provisional Legislative Council.
On July 1, 1997, the Chinese government resumed the exercise of sovereignty over Hong Kong, ending more than 150 years of British colonial rule. Our compatriots in Hong Kong have since then truly held their future in their own hands. With the founding of the HKSAR and the inauguration of its First-term Chief Executive and First Government, the system of democracy set up by the state in the HKSAR became fully operational under the framework of One Country, Two Systems. This was a landmark event in the history of democracy in Hong Kong.
There is no question that the CPC and the Chinese government designed, created, safeguarded and advanced Hong Kong's system of democracy. They conceived the principle of One Country, Two Systems, put in place its institutional framework, built a creative democratic system aligned with the principle, and passed laws to ensure the functioning of democracy in Hong Kong. Thus began an unprecedented endeavor - the governance of Hong Kong by the people of Hong Kong. The establishment of democratic institutions and the exercise of democracy in Hong Kong would not have been possible had China not resumed the exercise of sovereignty over Hong Kong. It would not have been possible without the deep concern of the CPC and the Chinese government for the people of Hong Kong, and without their commitment to the principle of One Country, Two Systems.
