September 24, 2003

MEMORANDUM TO: OPINION LEADERS

FROM: ELLEN BORK, Deputy Director

SUBJECT: Democratizing America’s Hong Kong Policy

According to State Department spokesman Richard Boucher, Secretary of State Powell recently told a top Hong Kong official that “the U.S. strongly supports efforts in Hong Kong to move toward constitutional reform and universal suffrage, as envisioned by the Basic Law.” (Press Statement, September 19) As Ambassador Boucher knows from his years as U.S. Consul General in Hong Kong, the Basic Law does not envision full democracy for Hong Kong at all.

Under the Basic Law, the number of democratically-elected seats in the legislature will increase to one half, or 30 seats. There are no provisions for further democratization. Provisions in the annexes to the Basic Law require any changes in the method of composing the legislature or choosing the chief executive, to be approved by two-thirds of the legislature and the Beijing-appointed chief executive. Since a large portion of the seats belong to pro-China politicians, chosen through undemocratic means, and Beijing chooses the chief executive, further steps toward democracy are practically impossible.*

This summer well over one half million people marched to protest new laws designed to severely restrict civil liberties. These laws are required by Article 23 of the Basic Law. The anger over the laws was mixed with frustration over the lack of democracy and accountability of the Beijing-appointed government. Beijing, which was forced to postpone the legislation’s enactment until after upcoming elections, has already started its campaign to shore up support and ultimately pass the laws.

The U.S. should stop relying on Beijing’s blueprint for Hong Kong and design a policy that supports the aspirations of Hong Kong’s people for democracy. Democracy activists there want a constitutional convention through which they would decide their system of government. This enterprise deserves the support of the United States and other democracies that promised to stand up for Hong Kong after its return to mainland rule.