Lo Man-tuen says the government's package ticks all the boxes in terms of constitutionality and legality because it incorporates all sectors of society

Wednesday (April 22) will be remembered as a milestone in Hong Kong's democratic development as the SAR government unveiled its constitutional reform proposal based on the Basic Law and relevant decisions of the National People's Congress Standing Committee (NPCSC) regarding the method for selecting the Chief Executive (CE) by universal suffrage in 2017.

The proposal ticks all the boxes in terms of constitutionality and legality because it incorporates all sectors of society and enjoys popular support thanks to the widest possible political consensus. This consensus is based on the fact that the proposal offers the most "political room" for all parties and it reflects the central government's sincerity in implementing universal suffrage in the SAR. It also suits Hong Kong's actual conditions and responds to aspirations across the social spectrum.

This electoral reform plan is the best way for Hong Kong to achieve universal suffrage in an orderly and gradual fashion, as prescribed in the Basic Law and relevant decisions of the NPCSC. If it is approved by the Legislative Council (LegCo) Hong Kong residents will be able to select the CE by "one person, one vote" in 2017, just 20 years after the return of its sovereignty back to China. That is why Hong Kong residents as well as the SAR government must do their best to have the proposal approved by LegCo. Otherwise, universal suffrage will remain a dream and 5 million legitimate voters will be left waiting for years.

Between December 2013, when the SAR government launched the first round of public consultations on constitutional reform, and the announcement of the electoral reform proposal on Wednesday, Hong Kong experienced 16 months of disruption, including 79 days of unrest due to the illegal "Occupy Central" campaign. Thankfully, the majority of locals were unfazed by this. They remained focused on constructing a constitutional reform package acceptable to as many parties as possible. Their efforts have now crystallized in the government's electoral reform proposal: LegCo has no reason to block it.

As far as constitutionality and legality are concerned, the proposal complies with all principles defined in the Basic Law and relevant decisions of the NPCSC - the highest body of state power. On the technical side, it offers the greatest possible "room" for as many as 10 and at least five hopefuls to be up for nomination by a 1,200-member Nominating Committee (NC). These two numbers are possible because, in theory, the proposal requires at least 120 but no more than 240 NC member recommendations for each hopeful to qualify for first round of nomination. Given the broad representativeness of the NC, many parties, including opposition parties, can have at least one hopeful in the line-up for nomination. The NC will then vote to return two or three candidates for the CE election by universal suffrage in an institutional decision, meaning only those who win support from more than 50 percent (at least 601) of the 1,200 NC members will become legitimate CE election candidates.

At the nomination stage the proposal promises equal opportunity for all hopefuls to rally NC member recognition through public debate. And NC members will make recommendations by secret ballot to ensure fairness without undue political pressure. Next will be the election by universal suffrage, where eligible voters can choose candidates by individual ballot. The person who wins the most individual votes will become the next CE. That is once the central government has given its consent in the form of an official appointment. It will be 100 percent genuine universal suffrage by any existing standards. Of course, the candidates will have the same amount of time and public funds to win public support through competition, including public debate and individual campaign tours.

It took Britain 281 years to achieve universal suffrage; and the United States took 195 years before establishing universal suffrage in all states. Now, the SAR has the opportunity to achieve universal suffrage just 20 years after its birth in 1997, if LegCo passes the government's proposal for electoral reform. According to Articles 45 and 68 of the Basic Law, Hong Kong will be able to proceed with implementing universal suffrage in LegCo elections as early as the year 2020, before the central government's promise of a Hong Kong "unchanged for 50 years" has even reached the half way mark.

All these legal guarantees and accommodating arrangements were provided by the central government, with no credit due to any foreign country or the opposition camp. The latter, regrettably, has been doing everything it can to derail Hong Kong's constitutional development toward universal suffrage along the track decided by the Basic Law and relevant decisions of the NPCSC. Numerous public opinion polls reveal majority support for the LegCo approval of the proposal for electoral reform, so that more than 5 million legitimate voters can choose the next CE directly in 2017. Those "pan-democrat" lawmakers who have vowed to veto the proposal still have time to change their minds and show they respect the popular will.

(HK Edition 04/24/2015 page10)