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HK lawmakers face reprise of divisive issues
By Gary LaMoshi

HONG KONG - Hong Kong's Legislative Council (LegCo) term beginning Friday should be smooth sailing for Chief Executive Tung Chee-hwa and his sponsors in Beijing. The September 12 election gave pro-government parties a comfortable majority. Despite winning 60% of the popular vote, the opposition pro-democracy camp appears dispirited and divided.

But the key items on LegCo's agenda are the same ones that sent hundreds of thousands of anti-government demonstrators into the streets over the past 15 months. The new legislative lineup doesn't make those issues any less contentious, and a variety of factors make LegCo politics increasingly complicated. (LegCo's formal "term" begins this Friday, but the business session opens the following Wednesday, October 6. The council, partly elected and partly appointed, does not wield much power, but it is a forum for the airing of opinions on the future of Hong Kong.)

Take Article 23, the draconian national-security bill to prevent subversion, secession and sedition. The bill was introduced in 2003 at Beijing's insistence and withdrawn by Tung amid the echoes of a million feet along Queen's Road - proof that even with a solid LegCo majority, the government cannot push through bills the public abhors. But just days after this year's LegCo election, Liberal Party chairman James Tien put Article 23 back on the table.

Tien gets Tung lashing
Tien said it was time to reintroduce this bill dear to the big motherland, and he got Beijing's leading LegCo ally, the Democratic Alliance for the Betterment of Hong Kong (DAB), to agree. Within 24 hours, Tung scurried out for a rare public appearance to declare that Article 23 was not a priority, and he had "no plans" to reintroduce the legislation.

Everyone knows, though, that Tung's plans will change with a nudge from Beijing. "Beijing's view is that the Article 23 law still needs to be dealt with and a climate of opinion has to be developed for it to be brought back," said former legislator Christine Loh, who now heads local think-tank Civic Exchange. "The pro-democracy camp needs to get ready for this debate and to take the lead on specific issues and to call for wide and deep consultation." The debate will almost surely come before Tung's term ends in 2007, sparing his successor the political debit from this divisive issue. But until they think the time is right, Beijing and Tung don't want to mention Article 23. For political reasons, Tien and DAB wanted it on the agenda now.

DAB increasingly behaves like a Western political party and has become more astute about seeking popular support, a glaring weakness for Tung and his inner circle. Political tea leaves signal it's better to get the unpopular Article 23 issue finished long before the next LegCo election in 2008. With the economy rebounding and government parties turning in better-than-expected results in LegCo elections three weeks ago, DAB likely thought taking up Article 23 now would minimize long-term damage to pro-government forces. Expect DAB to clash with the government over matters of political style, often despite their agreement on substance.

Election central
Tien's motives are more complex. His high-profile about-face on Article 23 after the July 2003 protest - Tien also resigned from Tung's Executive Council - undermined the government's legislative majority and broke its will to push ahead with the bill. Endorsing Article 23 now was a blatant attempt to get back in the good graces of Tung and especially Beijing, eyeing the 2007 race for chief executive. Demonstrating loyalty by anticipating Beijing's desires is a staple among pro-government politicians. The big motherland welcomed these gestures, which often laid down positions Beijing didn't dare articulate, when it was less directly involved in Hong Kong affairs. Now, driven by Tung's incompetence and unpopularity, Beijing knows and says what it wants and doesn't necessarily welcome freelancing.

Despite his misstep, Beijing will embrace Tien. His Liberal Party remains the local business community's favorite. Tien's success at winning a seat by popular vote in his first try (after years in LegCo representing the Hong Kong General Chamber of Commerce's functional constituency) indicates some degree of political skill and popularity. Those are desired qualities in the next chief executive, since Tung's zeros on both scores have served him and Beijing poorly.

Tien is not the only pro-government legislator with ambitions for chief executive, and the lawmakers' jockeying may create divisions and complications. The pro-democracy camp has its own divisions, with the Democratic Party holding only nine of the bloc's 25 seats and absorbing blame for faulty election strategies that lost seats.

Divisions within the camps, however, pale compared with the differences between them on election of the chief executive in 2007 and LegCo in 2008, issues known as constitutional reform in local shorthand. Beijing has ruled out universal-suffrage elections for those votes, a decision its allies will support. The pro-democracy camp has pledged to fight for universal suffrage.

Democracy within limits
Acknowledging this year's July 1 marches in favor of expanded democracy, the pro-government parties' election platforms suggested reforms within Beijing's parameters. For example, DAB proposes widening the number of electors choosing the chief executive - 400 in 1997 and 800 in 2002 - to 1,600 in a city of more than 6 million. Their LegCo plan involves expanding the number of functional constituency seats elected by various business and professional groups, seats that now provide the government's LegCo majority.

Before the pro-government camp has to explain how adding functional seats - not those elected by universal suffrage - expands democracy, a special government panel will issue recommendations toeing Beijing's line on constitutional reform. The recommendations will form the basis of a government bill that will need LegCo approval.

A leading Democratic Party strategist says advocates of universal suffrage will fight a two-front battle. Pro-democracy legislators will vote against any reforms that fall short of one-person, one-vote. They'll also pursue dialogue with Beijing that could lead to a negotiated compromise.

Fortunately, Beijing is in the mood to talk with at least some democrats. It has invited 10 LegCo democrats to National Day celebrations Thursday night, excluding 15 others, including outspoken Frontier party founder Emily Lau, Democratic Party chairman Yeung Sam and party elder statesman Martin Lee. This selective outreach fits reports from Beijing that officials are wooing moderate democrats, hoping to splinter the bloc.

Pro-democracy leaders scoff at that notion. "Factionalism already existed," Democratic Party executive committee member Chan King-ming insisted, citing disagreements on livelihood and social-welfare matters. Those issues, and broader economic policy amid signs of a sustainable recovery, won't get legislators' blood flowing in this session. But Article 23 and constitutional reform, amid jockeying to succeed Tung as chief executive, could leave some blood on the LegCo chamber floor.

Gary LaMoshi, a longtime editor of investor-rights advocate eRaider.com, has also contributed to Slate and Salon.com. He has worked as a broadcast producer and as a print writer and editor in the United States and Asia. He moved to Hong Kong in 1995 and now splits his time between there and Indonesia.

(Copyright 2004 Asia Times Online Ltd. All rights reserved. Please contact content@atimes.com for information on our sales and syndication policies.)


Sep 30, 2004



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