Thinking about 2007

THINKING ABOUT 2007
(A workshop on constitutionally related issues facing Hong Kong)

Introduction
Hong Kong’s Basic Law specifies that the ultimate goal is direct election of the whole Legislative Council and the Chief Executive, yet it only specifies steps toward those goals up to the Legco election of 2004 and the Chief Executive election of 2007. Further progress toward these constitutional goals is up to Hong Kong people themselves to decide. Additionally, there is great flexibility in the Basic Law on relations between the Chief Executive and the civil service, the Executive Council, and the Legislative Council. There is moreover a widespread, developing view that current relationships and practices among these bodies are less than satisfactory.

The proposed workshop addresses several basic questions. What can and should be done to rectify current governance problems within the letter of the Basic Law? What steps should be taken after 2004 and 2007 toward the ultimate electoral goals? How can these be implemented? When? What are the possible and likely results of various options? Can a consensus on the way forward be forged?

The Chief Executive in his October 1999 policy address indicated his hope for a "mature" view to emerge in the community between now and 2007 on the development of our political structures. The Legislative Council Constitutional Affairs Committee in February 2000 solicited public views on a number of these issues. We believe that constitutional initiatives can and should emerge from the community. We also believe that for a mature view to develop, we need to start serious discussion now, thus the current initiative to stage a workshop on constitutional development 21 October 2000.

The need for a timely start
Now is not at all early for serious discussion on constitutional reform to get started. It is important for the community to recognize the availability of the multiple options that could be open to Hong Kong. This recognition needs to be in place in good time, so that enough time can then be left for in-depth discussion, and for people holding different views to understand the views of others. Reactions to the workshop and the "Green Paper" it will produce will help determine what other steps need to be taken to identify issues and build consensus.

Getting started: Workshop on constitutional reform
The aim of the workshop is to examine the main issues involved in the quest for a more accountable government, expose the breadth of options available, and note the implications of the options. Whilst focusing on Hong Kong, an international dimension is being introduced by bringing in experiences elsewhere. The main hope is not to debate issues, but to illuminate the repercussions, opportunities, advantages, and disadvantages of various possibilities.

After the workshop an editorial committee will compile a concise ‘Green Paper’ styled report on the issues and options discussed. This document will be released to the government, interested parties and the public, and serve as a basis for the next stage of discussion. We plan for it be on one or more websites, and to encourage web-based reactions from the public on the various views presented.

Following on
It is envisaged that, guided by the ‘Green Paper’, a number of working groups will be established to examine key issues in more depth through discussion and seminars. The eventual aim is to set out a series of alternative options for the various issues identified and present these for general public debate.

Programme
Thinking about 2007
(A workshop on constitutionally related issues facing Hong Kong)

Venue:	Multi-Media Conference Room, Cheng Yick-chi Building, City University, Tat Chee Avenue, Kowloon Tong
Time:		8:30 am - 6:00 pm
	9:00-9:05	Welcome by organizers/thanks to sponsors
Morning Session		Institutions (Plenary session, Q&A with speaker)
I	9:05-9:45	Constitutional experiences and histories (1 presentation of 15 minutes, Q&A of 25 minutes) Chair: Mr Frank Ching
		Presenter:	Professor Rudiger Wolfrum (Max Plank Institute of Comparative Public Law and International Law, Heidelberg University)
	(Comparative, historical accounts of how other entities have dealt with judicial, executive, legislative balance and governmental interrelations and of these with society and other political institutions (such as parties). Overall success or failure of written constitutions and relationship with a society’s history and socio-economic context. Emphasis on constitutional transition experiences, such as in southern and eastern Europe.)
Break	9:45-10:00
II	10:00- 10:30	Constitutional models and theories (1 presentation of 15 minutes) Chair: Professor H C Kuan
		Presenter:	Professor Michael C Davis (Department of Government & Public Administration, Chinese University of Hong Kong)
	(Advantages and disadvantages of various systems and some analysis of possibilities in HK. Should we allow "tradition" to fill in a flexible text, or can we rationally discuss better or best means to "interpret" the flexible guidelines of the Basic Law?)
	10:40-12:00	Focus and Discussion groups on issues of sessions I and II
12:10-12:40		Reassemble, Focus and Discussion group summaries
	(Focus and Discussion group recorders will summarize main points raised and/or main points of agreement or disagreement, about 2 minutes from each group. Lunch will then be a continuation of focus groups issues raised.)
Lunch break	12:45-1:45
Afternoon Session		Processes
III	2:00-2:30	Electoral systems and parties (2 presentations of 10 minutes each) Chair: Dr Anthony Cheung Bing-leung
		Presenter:	Professor David Farrell (Department of Government, University of Manchester)
		Presenter:	Professor Nigel Roberts (School of Political Science and International Relations, Victoria University of Wellington)
	(Summaries of effects, advantages, and disadvantages of various electoral systems. Role of parties in getting out vote, socialization of citizens, interest identification and so on.)
	2:40-4:00	Focus and discussion groups on issues of session III
Break	4:00-4:15
4:15-4:45		Reassemble, Focus and Discussion group summaries
	(Focus and Discussion group recorders will summarize main points raised and/or main points of agreement or disagreement, about 2 minutes from each group.)

IV	4:45-5:30	Participatory processes and public-government interactions (Panel will consist of Hong Kong representatives, 1 main speaker for 10 minutes on the issue, then plenary Q&A and audience suggestions/interactions with speakers and each other). Chair: Dr Jane Lee
		Presenter:	Mr Peter Manikas (Senior Associate & Regional Manager, of Southern Africa Programmes National Democratic Institute of International Affairs, USA)
		Discussants:	Christine Loh (Civic Exchange) Dr. Michael DeGolyer (Hong Kong Transition Project)
	(Broad principles of government-citizen interaction in a democracy and specific examples of practices for involving citizens in politics and decision-making)
V	5:30-5:45	Ways forward and thanks
	(Open plenary forum taking suggestions for follow-up, invitation to participate in web-based discussion once the green paper from this workshop is online, and perhaps invitation to subscribe to newslist/discussion group on constitutional affairs?)

Focus and Discussion Groups
To maximize interaction: after presentations, we will break into six Focus groups of 15 pre-invited persons each and two Discussion groups (one Chinese language and one English language) to accommodate the rest of the audience. Each Focus and Discussion group will have its own facilitator and a separate recorder to record the essence of comments and report back to the main meeting.

10 minutes to assemble in Focus and Discussion groups, 60 minutes for discussion, 10 minutes to reassemble in larger group, for 80 minutes total.

30 minutes to deliver summaries of each of the groups (about 2 minutes for each smaller group, with written notes collected at end)