Referendum Controversy - 2 Nov, 2004

A Referendum for Hong Kong?

Dear Subscribers and Friends

Asking the people what they think and want is dangerous. They may give you an answer you don’t want to hear. So, better make sure no one is allowed to ask dangerous questions in the first place. The suggestion by a legislator for a referendum to ask Hong Kong people their views on universal suffrage has stirred a hornet’s nest.


A. Background

1. Cheung’s opening move: New legislator, Fernando Cheung, suggested that a referendum should be held to ask Hong Kong people whether they want universal suffrage to be achieved in 2007-2008.

2. Wasting time response: Hong Kong’s chief secretary, Donald Tsang, who also heads the Task Force on constitutional developed responded by saying: “Lawmakers promoting a referendum are only pushing the public towards an unrealistic path as this is not in accordance with the procedures set out in the Basic Law … it would amount to a waste of time and energy, and a needless distraction for the community”.

3. Irresponsible argument: Mainland legal experts said: “The Basic Law has not mentioned a referendum … To do this [push for a referendum] is irresponsible. It is fine if they just talk about it, but if they really push for it with real action, this will contradict their oaths”.

4. Playing with fire plea: Others have warned that pushing for a referendum is like “playing with fire” as it will damage relations with Beijing.

5. Beware warning: Chief Executive CH Tung warned yesterday: “The government will not use the referendum method … and will also not agree to plans by any organizations to organise members of the public and conduct a referendum”.

B. Asking the people .. potted history

1. Ancient Greece: Citizens were asked to assemble and by majority vote decide on important political questions following a debate of the issue.

2. Direct democracy today: Such forms is still practised in Switzerland and several US states where on the initiative of a fixed proportion of the electorate or a minimum number of voters, a referendum must be held on any issue, the result having the status of a constitutional amendment - i.e. it is binding. There is usually a widespread public debate before the referendum takes place.

3. Plebiscite: Governments may use non-binding means to secure expressions of popular opinion for the purpose of political decision-making. Referenda on specific issues are often turned into a vote of confidence in the government itself. De Gaulle and Yeltsin used it to thump their parliamentary opponents. Taiwan used it this year to ask people about China’s missiles aiming at Taiwan but the effort failed as not enough people voted.

4. Polling: Technology allows for easy polling today on any issue. Governments should have no problem finding out what people think if they want to know.

C. Observations: The real questions are …

1. Do you want Hong Kong people to be able to directly vote for:
(i) The chief executive in 2007; and
(ii) LegCo in 2008.

2. Do you worry about the Central People’s Government’s response?

CHRISTINE LOH
Civic Exchange - HK’s independent think tank
For other publications, see www.civic-exchange.org