Union Action

July 1, marks the fifth anniversary of Hong Kong's reunification with China and the founding of the Special Administrative Region (SAR). On the same day the territory will undergo one of the most far-reaching political changes since the end of British colonialism. The incumbent Chief Executive, Tung Chee-hwa, will begin his second fiver-year term supported by a new circle of political appointees - 14 'ministers' who will be accountable not to the legislature, or to the public at large, but to the Beijing-appointed Chief Executive himself. This new ministerial system, ironically labelled the 'Principal Officials Accountability System', further diminishes hopes of a democratic transition in Hong Kong.

The 'accountability system' involves the political appointment of a top layer of Principal Officials or 'ministers' who will assume key policy portfolios and run the civil service. All statutory powers now exercised by policy secretaries will be transferred to the new 'ministers.' As a result, the policy secretaries will no longer be career civil servants, but will be political appointees on contract. They are not only appointed by the Chief Executive, but can be fired by him - a newfound power that he didn't have over civil servants serving as policy secretaries. In effect the new ministers will be directly accountable to Tung Chee-hwa, and to him alone. They are not elected and do not need the approval of the legislature to assume their posts. Of course, the Chief Executive himself is not elected, but is appointed by a select committee of 800, contingent on the approval of the central government in Beijing (see Union Action March 2002: 'Whose Voices?').

Further changes under the new 'accountability' or ministerial system involve the merger of 16 government departments into 11. This includes the merger of the environment and transport bureaus and the incorporation of the labour portfolio into the commerce and industry bureau. At the same time, the incumbent directors of government bureaus will maintain civil servant status, but will be re-titled 'Permanent Secretaries.'

Upon assuming office as political appointees, the ministers will automatically become members of the Executive Council (Exco), strengthening the already excessive power wielded by executive arm of government. In contrast, the legislative arm of government, the Legislative Council (Legco), remains severely restricted. Only 24 of the 60 seats in Legco are elected by universal suffrage. Not only can the government ensure a pro-Beijing, pro-business majority by allocating seats to the professional sectors, it also severely restricts what the legislature can do. Private members may introduce bills, but only if they do not "relate to public expenditure or political structure or the operation of government." If a bill does affect government spending or operations, then it must receive prior approval from the Chief Executive. The limitations are obvious. In the past bills on collective bargaining and anti-union discrimination were blocked on the grounds that they would affect both the government's operation and public spending (see 'Minimum wage bill defeated'). Any amendment of government bills or ultimate legislative approval of members' bills requires approval of both sectors of Legco. That is, approval by a majority vote among the 30 functional constituency members and a majority in the other half of Legco.

The restrictions on Legco are combined with virtually impossible conditions for the democratic revision of the Basic Law itself. Article 159 stipulates that amendments to electoral provisions in the Basic Law require approval of the National People's Congress (NPC) Standing Committee in Beijing. Any local proposal to do so requires the local NPC delegates (chosen by a mainland appointed body) and two-thirds of Legco, as well as the Chief Executive's approval. So while the Basic Law allows for the possibility of the direct election of the Chief Executive and full direct elections of Legco seats after 2007, serious political obstacles remain. The new ministerial system, which tightens the Chief Executive's authoritarian hold on power, is a major new obstacle in this process.

Details of these changes were revealed only weeks before the July 1 deadline. Only 31 days passed between the Chief Executive's speech outlining the details of the new system and its implementation. Less than two weeks before the system was to come into effect the Chief Executive still gave no public explanation of who the appointees were. The fact that these far-reaching political reforms were shrouded in secrecy until just prior to their execution illustrates the complete lack of accountability to be expected under the new 'accountability' system. Yet despite the secrecy and restrictions on any serious public debate, government officials called for a quick end to discussions. Angered by the challenges raised by democrats and unionists in Legco, the head of Exco, Leung Chun-ying, claimed that public discussion and debate had gone on for "too long" and that "no more questions should be raised."

In his speech to Legco on April 17, the Chief Executive claimed that in devising the new accountability system, "We have listened closely to the views of the community...." Yet at the time of Tung Chee-hwa's speech no one in the community had a clear idea of what the new accountability system was. A public opinion poll conducted by the government that claims 65% support for the new accountability system in fact only asks if respondents want a "more accountable government." The answer is obvious for most people. But wanting an accountable government has little to do with the new system designed to enhance the power of the Chief Executive. An independent survey by the Chinese University of Hong Kong showed that 66% oppose the proposal that the Chief Executive wield the power to hire and fire the new ministers.
In fact, in his speech to Legco, Tung Chee-hwa referred to public opinion surveys as a key tool for gauging public sentiment. Such surveys will supposedly be a key element in Principal Officials' knowing when they have failed. This is ironic given the Chief Executive's intolerance for opinion polls that show his unpopularity. In July 2000 it was revealed that he used political pressure to put a stop to public opinion polls conducted by Hong Kong University because the results showed his declining popularity and deteriorating government credibility. This intolerance of criticism may soon be taken to extremes with the proposed introduction of anti-sedition laws during Tung's next five-year term (see 'Tougher Measures').

Ultimately Tung Chee-hwa's public statements on the new ministerial system carry a basic message: the 'accountability system' is intended to act as a substitute for democracy. It's that simple. By suppressing calls for universal suffrage as the only genuine form of accountability, the Chief Executive is able to consolidate his own power and better serve the interests of Beijing and big business. Over the past five years more than 75% of appointees to various legislative and advisory bodies were from the pro-Beijing business elite, institutionalizing government collusion with big business. Tung Chee-hwa now plans to appoint additional Principal Officials to his 'cabinet' from the private corporate sector, thereby consolidating 'rule by tycoon' in the territory.
In an amendment put forward by the Democratic Party and backed by HKCTU in Legco on May 30, it was proposed that the introduction of the accountability system be tied to the introduction of universal suffrage. Speaking in Legco, HKCTU General Secretary Lee Cheuk-yan declared: "We support an accountability system, under a democratic system."

On June 19, only 12 days before the commencement of the ministerial system, the government forced through legislation in Legco which transferred statutory powers to the new political appointees. Seven major amendments were proposed by pro-democracy Councillors, but all were defeated as a result of restrictions on LegCo powers and control by non-elected, pro-Beijing interests. Protesting the "total disrespect for the legislature and total disrespect for the Hong Kong people", Lee Cheuk-yan, together with HKCTU President, Lau Chin-shek and unionist Leung Yiu-chung, walked out in protest.