The document discusses the need to monitor changes in Hong Kong's system of governance to ensure it remains consistent with the Basic Law and the "one country, two systems" principle. It outlines several ways Beijing has encroached on Hong Kong's autonomy since 2003, including pressuring the government, misinterpreting protests, and issuing decisions and resolutions that amend the Basic Law without constitutional basis. If these trends of greater central control over Hong Kong continue unchecked, it could threaten the city's long-term way of life and force residents to flee as previous generations have done to escape communist rule. Close monitoring is needed to safeguard Hong Kong's system and protect its residents' way of life and basic freedoms.

1. BACKGROUNDER
HK 2047 MONITOR
CHING CHEONG
19/1/2015

2. WHY THE NEED TO MONITOR?
The 1 country 2 systems unification model is
premised on recognizing the basic inherent
differences between the 2 systems, esp in
- Political,
- Ideological and
- Legal areas
Failure to respect such differences would strain
the relation between HK and the central govt

3. In the 1st 5 years after handover (1997 – 2002)
Beijing honored both the letter and spirit of the
Basic Law
After 2003 there is a discernible change in its
policy towards the SAR
In many occasions, BJ took actions that amount
to a de facto amendment of the Basic Law

4. 2003: BJ urged HK to enact Art 23 legislation
This is deemed as a pressure from BJ because
under Art 23 HKSAR shall do so “on its own”
HK protested against this pressure from BJ
knowing that BJ wanted to do so because it
wanted to outlaw FLG which is entirely legal in
HK

5. BJ seriously mis-read the 2003 protest, attributing it to:
- HK people being unpatriotic;
- Strong colonial legacy;
- Hostile foreign forces.
To Beijing,
- 1997 marks only the legal return of HK to China
- The administrative power is still not in China’s hand
- Worse still the hearts and minds of the HK people have
not returned.

6. Based on its mis-interpretation, BJ considered
these remedial policies:
- National education has to be enforced
- De-colonization process has to start
- Greater role in the running of the SAR

7. To prepare for major policy changes BJ started
two debates:
- Meaning of patriotism
- Nature of the Basic Law (whether the Basic
Law is a social contract law or an authorization
law)

8. 2004: NPCSC Resolution on the election method
of the Chief Executive (April 6, 2004) amounts to
an amendment of the Basic Law
From 3 steps to 5 steps
By increasing two more hurdles the power of
initializing a change is removed from HKSAR to
NPCSC
It also deferred the timing for universal suffrage,
which is supposed to be 2007

9. Basic Law Provisions Original Provision BJ’s de facto
amendments
Art 7 of Annex 1
(on the change of
method of electing the
chief executive after
2007)
The power of initializing
a change in the CE
election method is
vested in HK.
The procedure for
making such a change is
governed by 3 steps
This power is effectively
placed under the NPCSC
The procedure for
making such a change is
governed by 5 steps
instead of 3
Annex 2 (III)
(on the change of
method of constituting
the legislative council
after 2007)
The power of making
changes in the make-up
of the legislative council
is vested in the SAR
(report to the NPC for
record)
Any such changes have
to be approved by BJ

10. 2007 (10 years after the HK’s return) marks a
number of policy changes towards HK.
- Hu Jintao urged national education in HK.
This violates Art 136 of Basic Law
- Cao Erbao proposal to set up a 2nd governing
team (CGLO) in HK to bolster the 1st (HKSARG)
This violates Art 22 of Basic Law

11. 2007: NPC chairman Wu Bangguo proclaimed
that the Basic Law is an “authorization law”
Why does it require a parliamentary speaker to
adjudicate a seemingly academic debate?
(any power the SAR possessed comes from the
central government’s authorization)

12. 2007: NPCSC Decision
Deferred universal suffrage to 2017
Additional stipulation that the future “nomination
committee” (when universal suffrage is practiced)
should be based on the “election committee”
(when all previous CE were selected)
The dampening effect of this stipulation on free
election was not obvious at the time, but becomes
very apparent now

13. 2013: the speeches by Qiao Xiaoyang and Li Fei
on universal suffrage in HK also introduced new
terms not provided for by the Basic Law:
- The “loving China and loving HK” criterion;
- The nomination process is by an institution
(the nomination committee) instead of by an
individual in order to reflect “collective will”

14. 2014: White Paper
Blatantly deleted “executive power” from the
list of autonomous powers vested in the SAR.
Both the Sino-British Joint Declaration and the
Basic Law declared that HK is to enjoy high
autonomy in executive, legislative and judicial
powers, yet the White Paper listed only the
latter two, omitting the first.

15. 2014: NPCSC Resolution (Aug 31) violates both
the letter and spirit of the Basic Law

16. Basic Law 831 Resolution
Method for electing the
chief executive and
legislative council
Both methods were
defined by Annex 1 and
Annex 2 respectively.
the 831 resolution lacks
any constitutional basis.
Role of NPC in the SAR’s
chief executive election
The BL did not specify.
The 2007 NPCSC
decision limited NPCSC’s
role to decide whether
there should be any
change to the CE
election method
(the 2007 NPCSC
decision is in itself
inconsistent with the
Basic Law)
Prescribed a restrictive
framework for CE
election to render it a
fake election
1. candidate’s
ideological criteria
2 organization of the NC
3. mode of voting in NC
4 no. of candidate
Role of NPC in the SAR’s
legislative election
Report to the NPC “for
record” only
Decide when and how to
hold election

17. Principle of gradualism Art 45 and 68 specified
gradual progress towards
universal suffrage for CE
and legislature respective
CE election: a backward
move (threshold increase
from 1/8 to 1/2)
Legislature: a standstill
Principle of pragmatism Art 45 and 68 specified
pragmatism in designing CE
and legislature election
Grossly disregard the actual
situation in HK
None of the proposals
suggested by HK are as
restrictive
HK not to embrace
socialism
Basic Law meant to preserve
capitalism in HK. Art 5
declares explicitly that HK
does not practice socialist
system and policy
It specified an election
system that is typically
socialist (democratic
centralism) meant to bar
democrats who enjoyed 55-
60% of popular votes
Inherent contradiction Annex 1 specifies that each
election committee member
shall vote for only 1
candidate
831 decision provides for 2-
3 candidates each requiring
50% support. Technically
this is not possible if the
Basic Law is faithfully
adhered to.

18. After the Umbrella Movement further
encroachment on the HK system are expected:
- Rao Geping: HK has to undergo a thorough de-
colonization process
- Chen Zuoer: HK education system had
produced bitter fruits and poisonous beans.
The education minister has to be placed under
direct supervision of the central government
(this violates Art 136 of the Basic Law)

19. These words show that Beijing’s mis-reading of
the HK situation continued and became more
intensified.
Unfortunately the CE fails to perform his inter-
facing role
Hence HK people need to take up their own
watchdog role to monitor closely the changes
that could be detrimental to the SAR

20. Let me quote a lament by a young journalist:
“In one hundred year from 1947 to 2047, my family had to
make three major decisions to flee the communist party: in
1947, my grandfather fled the CCP and came to HK. In 1997
my father fled the CCP again and emigrated overseas. Now
when I think of my new-born girl who would be in her 30’s
by 2047, I have to consider fleeing again”.
If we don’t want to leave the city we call home,
we all have to be vigilant of what’s in store for us.