Will we simply have to live with the status quo if the government's political reform package fails to win backing from two-thirds of the Legislative Council? Some indeed believe this, but there are reasons to doubt the correctness of their position.
First, the Basic Law cannot allow the political system to stand still. Articles 45 and 68 are like edicts that mandate a certain degree of progression towards universal suffrage - albeit gradual and orderly - with each new election of a chief executive and members of Legco.
This has been the case since 1997, with the gradual widening of the Election Committee and the increasing proportion of directly elected members in the legislature.
Second, the former chief executive made a public statement in his report to the National People's Congress Standing Committee, in April last year, that there was a need to amend the election methods - 'to enable Hong Kong's constitutional development to move forward'. For the government to do nothing to advance the system following a negative decision from Legco would not only be inconsistent with this declaration of need, but would also upset the community's legitimate expectations of some degree of reform. Under the Basic Law, the government stands in a fiduciary - that is, one of great trust - position when it comes to political reforms: only it can introduce bills for this purpose.
Accordingly, it must always act in good faith, in the best interest of the people and in accordance with the principles of the Basic Law - even if it fails to obtain Legco's endorsement of its current proposals. There is no popular mandate behind the government's proposed package since no referendum has been conducted. Thus a rejection of the package by Legco would not be a denial of the general will of the people.
The Standing Committee's interpretation on Hong Kong's electoral arrangements, of April 6, last year, did not say that the status quo should continue utterly unchanged if the two-thirds endorsement was not obtained. It simply said the annexes to the Basic Law would continue to apply to the 2007 and 2008 elections.
