Needless fuss over HK reform(2)

The public consultations threw up a controversial issue: who has the right to nominate the candidates for the chief executive's post. According to Article 45 of the Basic Law, apparently the nominating committee has the right to nominate the candidates after which the electorate can vote the most suitable one to Hong Kong's highest office. But Hong Kong's pan-democracy camp wants the candidates for chief executive to be nominated directly by voters or political parties.

The pan-democracy camp's demand cannot be accepted by the SAR government or the central government because it goes against Article 45 of the Basic Law.

In January 2013, some Hong Kong scholars propagated the idea of "Occupy Central" to achieve "real universal suffrage" through civil protest. But the very idea of "Occupy Central" is illegal and could harm Hong Kong's image as a leading global financial and logistics hub.

Moreover, the pan-democracy camp also organized a 10-day online, on-the-spot "referendum" in June on whether chief executive candidates should be nominated by Hong Kong residents. They even claimed that about 800,000 Hong Kong residents who took part in the "referendum" wanted chief executive candidates to be nominated by voters and even organized a "pro-democracy" march on July 1.

The so-called referendum has no legal basis, because neither China's Constitution nor the Hong Kong Basic Law has any provision for "referendum". The "referendum" and "Occupy Central" movement are worrying developments in a city that prides itself as a law-abiding society. In fact, Hong Kong's strict adherence to the rule of law is one of the main reasons for it to maintain its position as a leading financial and shipping center in the world.

Using illegal means to demand immediate change in the Basic Law is not the work of responsible citizens. The pro-democracy camp should realize that it could never realize universal suffrage by launching "Occupy Central" movements and organizing "pro-democracy" processions. Such highly significant political issues have to be resolved through discussions within the framework of the country's Constitution and the SAR's Basic Law. Attempts to achieve universal suffrage through other means could actually have the opposite result.

The opposition forces in Hong Kong should change their mindset, stop making illegal moves and have faith in the central and SAR governments' promises if they want Hong Kong residents to exercise universal suffrage. And as a first concrete step in that direction, the opposition forces should approach the Hong Kong government to hold talks on universal suffrage within the framework of the Basic Law.

The author, Wang Lei, is a professor of law at Peking University.