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January 5, 2005
Constitutional development
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Progressive development a common wish: Elsie Leung
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Progressive development of a democratic political system in Hong Kong is the common wish of the central authorities, Hong Kong people, legislators and the Government, Secretary for Justice Elsie Leung says. She hopes all will strive to find common ground and accommodate differences in a pragmatic manner to reach a consensus.

 

"This way, we may come up with a proposal that is both consistent with the Basic Law and the National People's Congress Standing Committee's Decision and acceptable to all, so that we could move ahead in the development of a democratic political system that suits Hong Kong's circumstances," she said.

 

Speaking at the Legislative Council motion debate on the Fourth Report of the Constitutional Development Task Force today, Ms Leung said polarising the issue of elections would only be counter-productive for long-term development and affect social stability and prosperity. 

 

"The task force is very much willing to co-operate with legislators in formulating a specific proposal on the two election methods in 2007-08," she said.

 

Ms Leung took the opportunity to clarify her remarks about "universal suffrage" to the Panel on Constitutional Affairs on December 20.

 

A legal opinion

She said that in her view, indirect elections could lawfully be retained consistently with the ultimate aim of universal suffrage.

 

"Assigning constituencies according to the geographical area in which the elector resides is only one way of delineating constituencies. Functional constituencies provide an alternative means of grouping together individual electors with common interests," she said.

 

"Should all eligible electors be able to vote in functional constituency elections in the future, this could be one of the models for universal suffrage."

 

Ms Leung said her remarks are an expression of legal opinion, not a view as to whether, as a matter of policy, functional constituencies should or should not be retained in the long run.

 

Unnecessary argument

She said the task force has deliberately refrained from seeking to determine that important policy question at this stage, because:

* there is no urgent need as the standing committee has decided the ratio between legislators returned by functional constituencies and those by geographical constituencies through direct elections in the year 2008, who shall respectively occupy half of the seats, is to remain unchanged;

* it is highly controversial, and will likely derail the plan for other constitutional reforms in 2007 and 2008 and cause the progress towards greater democracy to remain stagnant;

* any further polarisation at this stage can be counter-productive for the long-term resolution of the universal suffrage issue.

 

Ms Leung said the task force therefore decided to adopt a measured, step-by-step, approach to constitutional reform, which is considered in the best interests of the community, and is most conducive towards achieving the ultimate aim of universal suffrage.

 

She added these issues should not be avoided, yet they should not be handled prematurely which will provoke unnecessary arguments, adding in the long run, the public should consider them thoroughly at an appropriate time.

 

Universal suffrage for 07-08 unrealistic

On the issue of universal suffrage for the 2007-08 elections, Ms Leung reiterated the standing committee has made a clear and authoritative decision, adding insistence on the introduction of universal suffrage for the two elections will not be supported by the Central Government and will not be in compliance with the relevant provisions in Annexes I and II of the Basic Law.

 

She said it is unrealistic to demand the Government put forward a constitutional reform proposal which cannot be implemented in 2007-08.



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