THE POLITICAL REFORM IN HONG KONG:
FROM THE PERSPECTIVE OF CONSTITUTIONAL LAW
从宪制角度探讨香港的政改之路
Priscilla MF Leung
Associate Professor of Law at City University of Hong Kong, Barrister-at-Law, JP, and SBS.
Abstract: The article provides a historical as well as prospective review of the debates in the political reform development in Hong Kong. The author asserts that the international practice for a country to develop her political systems, if at peace, must be within the constitutional framework of the country. As a Special Administrative Region of China, Hong Kong has to base on the constitutional framework under One Country Two Systems to develop her political system if the Region wants to achieve it peacefully. The constitutional framework of Hong Kong includes the Hong Kong Basic Law as well as the relevant Decisions promulgated by the Standing Committee of the National People’s Congress and the Constitution of People’s Republic of China. Concerning the arguments on international practice, based on the International Covenant on Civil and Political Rights (ICCPR), the author argues that one should rely on article 39 of the Basic Law as to how ICCPR may apply to Hong Kong. The author also discusses, under the constitutional framework of Hong Kong, the issue relating to the nomination of the Chief Executive. In the end, the author concludes that the political reform for a universal suffrage can be achieved in Hong Kong only when the community has reached the consensus that it should be done in accordance with the Basic Law of Hong Kong, rather than deviating from the same.