Protesters marching against Article 23 legislation on July 1, 2003. (Photo: Wikimedia Commons)
Occupy Central co-founder Benny Tai proposed that Article 23 legislation be drafted together with “true” universal suffrage as a form of compromise in an op-ed published in Apple Daily today.
Tai writes that he views the current situation as a “deadlock”, as Beijing does not trust a chief executive candidate chosen through civil nomination to ensure China’s national security laws, while Hong Kong people would go back to the streets if national security legislation were passed.
“If [the article] was proposed by people like CY Leung, then Hong Kong people would put up a fight”, Tai opined.
Article 23 of the Basic Law allows the Hong Kong government to enact laws prohibiting treason, subversion, sedition or secession against the Chinese government.
When the Hong Kong government attempted to pass the article in 2003 under the leadership of Chief Executive Tung Chee-hwa, Hongkongers staged a massive protest and lawmakers were forced to shelve the proposed law. Some estimate that over 500,000 people took to the streets.
No laws have yet been enacted under Article 23.
Tai thus believes that the current political climate is facing a catch-22: “To Beijing, without Article 23, there can be no universal suffrage; to Hong Kong, if there is no true universal suffrage, then there cannot be Article 23”.
The professor and activist leader proposes to pass the less “controversial” parts of Article 23 to show a “sign of goodwill” and to gain bargaining power.
Then a discussion on both the 2017 chief executive elections and Article 23 would follow, he suggests.
The next chief executive – someone other than CY Leung, who is already widely disliked – can be the implementer of this deal, which would be completed by 2022, claims Tai.
“When the chief executive is chosen through a popular vote, then Article 23 would be ready, and Beijing would have no concern about national security,” he predicted.
Tai also believes that the article being passed by a popularly elected LegCo is a safer option.
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