After a period of great divergence of opinion, the constitutional debate in Hong Kong has returned to the path of the Basic Law.

The course was set with the decision of the Standing Committee of the National People's Congress (NPCSC) on the methods to elect Hong Kong's chief executive in 2007 and legislative councillors in 2008.

According to the design of the Basic Law, the electoral methods can be amended in or after 2007 "if there is a need". That is the source of the notion of "constitutional review".

Tung Chee-hwa declared in his inaugural speech when elected for a second term that it was the unshirkable responsibility of his administration to complete a "constitutional review" by 2007. This was in line with implementing the electoral provisions of the Basic Law.

Subsequently, Secretary for Constitutional Affairs Stephen Lam put forward a timetable in which consultation would be conducted in 2004 and 2005, and local legislation concluded in 2006.

Since it was three to four years from 2007, there should be more than sufficient time for scrutiny and assessment of various proposals and for completion of the necessary procedures. Yet, before the review process was able to commence, the demand for universal suffrage in 2007 and 2008 emerged in July last year; and the mounting pressure was likely to force the SAR government into submission. At this juncture, Beijing tackled the issues on hand.

The proposal for general elections in 2007 and 2008 is not acceptable since it violates certain principles in the Basic Law. Articles 45 and 68 of the mini constitution stipulate that the actual situation of Hong Kong and the principle of gradual and orderly progress must be taken into account should the selection methods in question have to be changed.

As to what "the actual situation of Hong Kong" and "the principle of gradual and orderly progress" are, the NPCSC decision yesterday and the explanations given by Qiao Xiaoyang and his two colleagues have provided specific details.

It must be pointed out that once the demand for universal suffrage in 2007 and 2008 was stated, there has emerged in the local community apprehension and opposition. The business sector worries that universal suffrage will lead to welfarism and populism, while the professional sector worries that they may lose their representation in LegCo.

Moreover, many political parties and academics have pointed out that implementing universal suffrage at such an early stage is against the Basic Law. It is something that Hong Kong cannot afford under the current conditions of constitutional development. It may even bring about chaos and anxiety in the community.

Advocates of early universal suffrage have apparently not heeded such warnings. They have attributed the SAR government's mistakes in governance to the lack of public acceptance and claim that there is no solution other than election by the "one-man-one-vote" method.

Some Hong Kong people who hold grudges against the SAR government have been misled into believing that universal suffrage in 2007 and 2008 is the right cure. That is the reason why there is an inclination in society away from the path of the Basic Law and a serious clash of opinions.

It is under such circumstances that the NPCSC was forced to give an official interpretation of the electoral provisions of the Basic Law, clarifying the legislative intent of these provisions and the due process of political development.

Now, upon the request of the chief executive, the NPCSC has made a decision and ruled out universal suffrage in 2007 and 2008. However, to satisfy the request of some Hong Kong people, the selection methods are to undergo appropriate alterations.

The NPCSC decision epitomizes the three major principles of taking into account Hong Kong's actual situation, gradual and orderly progress and balanced participation, and has rectified the direction of the territory's constitutional development.

It has cleared the mist and will effectively put a halt to the current controversy, ensuring that the SAR's political development will proceed smoothly along the path set by the Basic Law.

(HK Edition 04/27/2004 page2)