Remarks on Constitution Affairs in the “Motion of Thanks”
in respect of the Chief Executive's 2004 Policy Address
5 February 2004

Madam President

The HKSAR Government has taken the right initiative in establishing a Task Force headed by the Chief Secretary for Administration to examine major issues concerning our future constitutional development which will have significant implications on every aspect of Hong Kong. Although the initiative may not be bold enough for some of our colleagues, the government has at least taken the first step and is not trying to evade from this major challenge.

Among many other major issues involved, we must first agree on what types of amendments are required to implement reforms regarding the election of the Chief Executive and the Legislative Council. From my involvement and experience as a member of the Basic Law Consultative Committee during the period of 1985 to 1990, I tend to hold the view that no Basic Law amendment is required for review of the Annexes. Back then, I was one of the 89 members of the Business and Professional Group of the Basic Law Consultative Committee which comprised members from professional and business sectors (sometimes called the Group of 89).

If my memory serves me right, the method for the selection of the Chief Executive of the HKSAR and the method for the formation of the Legislative Council of the HKSAR were included in the Annexes I and II of the Basic Law respectively so as to allow the flexibility for their subsequent amendments if required without resorting to the amendment procedures for the Basic Law as stipulated in Article 159. I hope that the government can clarify this point as soon as possible. 

On the subject of constitutional reform itself, the Government must conduct a broad and real public consultation. For the purpose, the Government may consider setting up a Constitutional Review Consultative Committee comprising say 1,000 members nominated by all sectors of the community, which in a way is along the line of the former Basic Law Consultative Committee of which I was a member elected by the Council of the Hong Kong Institution of Engineers. I must stress that all the members are to be nominated by different sectors of the community and not appointed by the government. Also, the consultation must be an in-depth one allowing a real discussion among members of the public on the future constitutional arrangements of Hong Kong. There must be no rush in the whole consultation exercise. It could last 1 to 2 years if necessary. Adequate time must be allowed for thorough consultation. I must say up to now, as far as constitutional reform is concerned, the government's time management has clearly failed the reasonable expectation of the general public.

As I have openly suggested to the state leaders in Beijing previously, the Chief Executive may consider leading a LegCo delegation comprising all 60 LegCo members to visit Beijing. Besides paying visits to state leaders, the delegation should also meet with senior officials who are in charge of Hong Kong affairs to discuss the future political arrangements as well as other major issues of mutual concern. They will also be able to discuss the subject with former Basic Law drafters. The visit would definitely help enhance the mutual understanding between the Mainland and Hong Kong. 

Madam President, the government must learn from the lesson of its clumsy handling of the legislation for Article 23 of the Basic Law. Dialogue must be open all the time to all parties. Adequate time and opportunity must be afforded to every member of the community.

Madam President, with these remarks, I so submit.