Hong Kong Flashcards
HK as UK colony prior to 1997
1842: HK Island ceded to UK after first Opium War
July 1898: New Territories with 235 other islands lesed to UK for 99 years
British colony til 1 July 1997 when returned to CN
Economic development before 2997
1950s economty took off based on light industries
1960s: Social unrests by the poor which subsided by late 1960s due to imp living conditions
By mid 1990s: LF style of UK rule resulted in prosperous HK deeply integrated into the global economy - one of the four Tiger economies
HK’s political development before 1997
1992: Chris Patten last governor of HK intro proposals for dem reform of HK designed to broaden voting base in elections which received protest from PRC
1994: HK’s legislature passed modified ver of Patten’s pol reform package, franchise to be widened for new legislature but no universal suffrage
1995: Elections for new leg council (HK parliament)
HK in the eyes of political scientists is best described as a partial democracy, HK pursuit to transform into a fully fledged democracy never realised.
Domestic space since 1997
Integrated into PRC 1997 as Special Autonomour Region, a product of Sino-UK negotiations that began in 1982.
Lease of New Territories to UK due to run out 1997 whereas HK Island permanently ceded to UK. London intended to extend lease IN 1982, DENG INSISTED ON RETURN OF HK SOV TO PRC.
Sino-British Joint Declaration of 1984 formalised the OCTS, where HK to enjoy high degree of autonomy for 50 years til 2047, reflected the transient nature of the OCTS model (but actually in many ways HK has seen the death of the OCTS).
HK to be governed by HK ppl with previous capitalist social and economic systems unchanged.
Basic Law of 1990 by NPC
Article 1: HK an ‘inalienable part’ of the PRC
Article 23: a nat sec clause relects CN’s sov concerns, crucially reflects voluntary concessions in sov terms by BJ to HK.
HK a common law juris and udges from other common law juris can serve in their judiciary eg Court of Final Appeal. Promised ultimate fully dem direct election of chief executive and legislature. However electoral system guarantees CN control of CE and part of Members of legislature. Major change in 2021 bc of NPC leg that led to overhaul of HK electoral system to ensure only ‘patriots’ can rule the city.
Current HKSAR electoral system in terms of election of CE
Elected by Election Committee with 1200 members. Composed of indvs and special interest groups selected or elected within 28 functional constituencies as prescribed in Annex I to Basic Law, and represent the elite actors of HK.
CE then appointed by BJ
HKSAR’s areas of autonomy in theory as concession of sov by BJ
HK defined as a distinctiver ‘emi-citizenship’ in form of a permanent resident of HK.
HKSAR retains political symbols eg currency and can issue passports and visas.
HK’s extensive law-making power in specific areas is key, excluding those of nat defense and diplomacy which are laways in hands of cent govt.
Supremacy of local inst in examination of constitutional status and arrangement of HKSAR.
HKSAR’s precarious autonomy in practice
HK’s promised high degree of autonomy undermined over time, more and more precarious.
National People’s Congress Standing Committee introduced two major interpretations of Basic Law which reinstated CN sov.
- 1999 overturned CFA ruling concerning right of abode of children of HK residents born outside the territory.
- 2004 denied universal suffrace for CE election in 2007 and HK leg in 2008
Protest July 2003 against ARticle 23 leg and 2004 interpretation
CE intended to adopt anti-subversion law that BJ wanted to have passed, led to pro-dem demonstartions in HK that summer which blocked first reading of draft law peratining to A23.
2004 int meant BJ fearful of idea of a general election which would further foster democratisation in HK and mad Cent govt insecure as nature of Chinese polity still very authoritarian.
Recent controversies in HK-MLC rels
- Inc amount of censorship and self-censorhip of HK media
- Calls of cons media in CN to scrap foreign judges of CFA, often use very nationalistic rhetoric to attack foreign judges
- Contr over 2017 CE election and the Occupy Central/Umbrella movement 2014
- Tensions over HK decision to remove democratically elected members of the HK parliament
- Contr over kidnappng of HK book sellers
Umbrella Movement
Symbolised HK’s struggle to embrace idea of fully fledged democracy to expand domestic sov, some part of HK civil society wanted to turn HK into democracy.
2007 BJ promised it would allow people of HK to directly elect CE in 2017 and legislators in 2020.
Contr centres on whether BJ should be able to pre-scree candidates, as this owuld violate principel of uni suff according to intl standards.
Article 45: ‘Ultimate aim is the selection of the Chief Executive by univeresal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures’.
Acceleration of UM events in 2014
June informal urvey showed 90% of 800,000 people voted in favour of giving public a say regarding short-listing of candidates for CE elections, they didn’t want the candidate list to be dictated by the nominating committee. BJ was very unhappy with the outcome saying the vote was illegal.
HK June 2014 White Paper stated that those that governed HK, including CE, officials and judges should be ‘patriots’. There was emphasis on OC rather than TS, and emphasis on NPCSC upholding the power interpretation and amendment of BAsic Law as a way to reinstate sov over HK.
July: HK’s largest pro-dem demonstration in a decade
August: BJ ruled out fully dem election for CE in 2017 imposing rules on noms of candidates which made pro dem activists very unhappy.
Sep-Oct: Pro-dem demonstrations inc Occupy Central (key initiator was Benny Tai, supportive of idea of civil disobedience to get society’s voice heard) and student activists (eventually played larger role than OC), managed to occupy the city centre for quite some time to protest against BJ’s decision.
HK Parl vetoed BJ’s proposal so 2017 election would follow the old rules.
HK Bar Association Response to White Paper
Attacks WP’s categorisation of judges as part of ‘administrators’ that should be patriots. NPCSC should cuatiously and rarely undertake interpretation of BL for fear of creating impression that judicial independence of HK is undermined.
CY Leung, CE of HKSAR
Type of electoral reform propposed by activists eg Benny Tai allowed poor in HK to dominate election outcome, ‘you would be talking to half of the ppl in HK who earn less than $1,800 a month, then you would end up with that kind of politics and policies’ (OCt 2014). Implies indirect discrimination against the poor.
Paul Krugman - his statement reflects fear of allowing poor to vote which shows ongoing sturuggle as a fight between democracy and plutocracy.
Martin Lee’s explanation of fight for full dem in HK
Many wanted to push for democracy from a social justice standpoint. He argues democracy and rule of law key to HK’s continuous economic prosperity, at the time the elec system quite problematic bc really leaves Democrats slim opportunity to govern parliament or win CE seat. Thfr no hope for HK govt to introduce genuine welfare policies for the poor. HK has one of the highest income gaps in the world btw the rich and the poor which wont change without transformation of the electoral system.
