CRS Insights
China's Leaders Quash Hong Kong's Hopes
for Democratic Election Reforms
Michael F. Martin, Specialist in Asian Affairs
(mfmartin@crs.loc.gov, 7-2199)
September 5, 2014 (IN10146)
An August 31
decision by China's National People's Congress Standing
Committee (NPCSC) placed strict conditions on any possible electoral
reforms in Hong Kong—setting the stage for a contentious and difficult
process as the city's political bodies begin work on possible legislation to
alter the rules for selecting Hong Kong's Chief Executive.
Reactions to the NPCSC's decision varied widely. While Hong Kong's
current
Chief Executive Leung Chun-ying welcomed the
"precious offer" from
the NPCSC, pro-democracy advocates expressed a mixture of
disappointment and outrage at the decision. While all concerned, including
the NPCSC, accept that the Chief Executive may be elected in 2017 by
universal suffrage for all eligible Hong Kong voters, there is sharp
disagreement over procedures for the nomination of candidates.
The NPCSC Decision
The decision responded to a
report submitted to the NPCSC in July by Chief
Executive Leung on the "need to amend the methods for selecting" the Chief
Executive in 2017 and the Legislative Council (Legco) in 2016. While the
NPCSC decision concluded that the "existing formation method and voting
procedures for the Legislative Council" are not to be amended, it
determined, among other things, that for the Chief Executive's selection:
• "A broadly representative
nominating committee shall be formed … in accordance with
the number of members, composition, and formation method of the
Election
Committee for the Fourth Chief Executive" [emphasis added];
• "The nominating committee shall nominate two to three candidates.…";
• "Each candidate must have the endorsement of more than half of all members of the
nominating committee";
• All eligible voters in Hong Kong will have the right to vote for the Chief Executive; and
• The winner of the election will be subject to the approval of the NPCSC.
An element in the decision that also sparked a strong reaction was the
NPCSC's statement that "the principle that the Chief Executive has to be a
person who loves the country and loves Hong Kong [爱国爱港] must be
upheld." This principle has sparked controversy as the concept does not
appear in the
Basic Law(Hong Kong's "constitution") as a requirement to
serve as Chief Executive.
The fourth Chief Executive, Leung Chun-ying, was nominated and selected in
2012 by an Election Committee consisting of 1,200 members, most of whom
are viewed as supportive of the government of People's Republic of China
(PRC). Under the Basic Law, the Election Committee is divided into four
equal groups representing: (1) the industrial, commercial, and financial
sectors; (2) various professions; (3) labor, social services, religious, and
other social sectors; and (4) members of Legco, Hong Kong's District
Councils, Hong Kong deputies to the National People's Congress, and Hong
Kong's representatives to the National Committee of the Chinese People's
Political Consultative Conference, an official PRC body.
Hong Kong's Response
Several prominent political leaders expressed their views publicly. Martin
Lee, founder of Hong Kong's Democratic Party, told protesters at a ral y,
"Hong Kong people will have one person, one vote, but Beijing will select all
the candidates—puppets. What is the difference between a rotten apple, a
rotten orange, and a rotten banana?" Rita Fan, Hong Kong's representative
on the NPCSC, expressed support for the decision, pointing out that
there is
room for discussion on legislating universal suffrage. Chan Kin-Man, one of
the leaders of
Occupy Central with Love and Peace [和平佔領], a pro-
democracy civil disobedience movement, wrote in a press release,
"There
does not seem to be any room for genuine universal suffrage under this
framework." Occupy Central immediately cal ed for a ral y in Tamar Park, home to Hong
Kong's Legco and the Chief Executive office. More than 5,000 people
attended the August 31 ral y in the pouring rain, including many of the pro-
democracy Legco members.
Prospects
Occupy Central has
announced it will go ahead with its plans to hold a
peaceful act of civil disobedience in Hong Kong's Central District on an
undisclosed date. The 27 Legco members general y considered pro-
democracy have al reportedly
pledged to oppose any plan based on the
NPCSC's decision. Li Fei, chairman of the NPCSC's Basic Law Committee,
reportedly indicated that the NPCSC
may impose its decision if the Legco
fails to pass acceptable legislation regarding the Chief Executive's election.
While current prospects for compromise look bleak, some observers see
some room for negotiations in the specific legislation considered by Legco.
The wording of the original Chinese may provide some flexibility in the
manner by which the individual nominating committee members are
selected. Also, the legislation will have to set new rules governing the voting
process of the nominating committee to permit the nomination of two or
three candidates. The new nominating rules may create sufficient space for
greater choice in candidates. The legislation must be passed by a two-thirds
majority of Legco, and obtain the Chief Executive's consent and the approval
of the NPCSC.
Options for Congress
Some members of the 113th Congress have already expressed concern about
the situation in Hong Kong. Senator Sherrod Brown, co-chair of the
Congressional-Executive Commission on China, told reporters in May 2014,
"The future of freedom and democracy in Hong Kong is under serious
threat." During their visit to Washington, Anson Chan and Martin Lee asked
some Members of Congress and the Obama Administration to reinstate the
State Department's annual report to Congress on the status of Hong Kong
that had been required under the
U.S.-Hong Kong Policy Act until 2007. The
recent events in Hong Kong could also affect congressional consideration of
Hong Kong's possible participation in the U.S. visa waiver program
(contained in
H.R. 15, H.R. 1923, S. 703, and
S. 744), as wel as aspects of
U.S. relations with China.
Document Outline