HKP Lecture 3 - The political context (3): China’s policy towards HK: One Country, Two Systems PDF

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HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law United Front: united with your secondary enemy to fight against the primary enemy (A) One Country, Two systems The constitutional framework  Sino-British Joint Declaration 1984 o Socialist system and socialis...

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HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law United Front: united with your secondary enemy to fight against the primary enemy (A) One Country, Two systems The constitutional framework  Sino-British Joint Declaration 1984 o Socialist system and socialist economic system in China would not be practiced in HK o HK could retain its capitalist economy after 1997 o The way of living for HK people should remain unchanged for 50 years  Art 31 of PRC Constitution o The state may establish special administrative regions when necessary  Basic Law 1990 o OCTS o HK people ruling HK o A high degree of autonomy (a) Separation of the two systems o Art 22: No offices or local authorities of the mainland may interfere in the affairs of HK (Verbal comments constitute interference?) o HK is given a wide range of powers (economic powers such as independent system of money and finance and currency) (b) Universal suffrage promised but not provided (Art 45) o In accordance with local circumstances o Gradual and orderly progress o Subject to power struggle and interpretation (day-to-day politics) (c) No independent mechanism to adjudicate central-local disputes o No mechanism to protect the interest of HK in the face of encroachment of China in the policy o Central govt would have a large room to exert its influence over HK o Local officials have to guess what the stance of central authorities are  (d) Amendment and interpretation of the Basic Law (Art 158,159) o Art 158: power of interpretation vested in NPCSC o An incomplete power of adjudication by CFA: HK has the power for final adjudication but NPCSC interprets BL  “…the responsibility of the CPG, or concerning the relationship between the Central Authorities and the Region, and if such interpretation will affect the judgments on the cases”  Vaguely written: do not know what fall in each category  E.g. Right of Abode, immigration policy o Direct and indirect political and social controversies from 4 times of BL interpretation  1999 Right of Abode (Ng Ka Ling case: Art 24)

HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law   

2004 Universal suffrage (Art 45) 2005 Tung Chee Hwa’s resignation, remaining term (Art 5) 2011 Congo, financial case *the only case initiated by CFA

Case: Indirect conflict over jurisdiction: The “Big Spender” – Cheung Tze-keung - Art 19 of BL: The HKSAR courts have jurisdiction over all cases in the territory - Cheung and his gangsters (HK residents) were suspected of involvement in a series of criminal acts in both H and the Mainland - They were arrested in China and prosecuted on various offences, some of the charges concerned acts committed purely in HK  should be judged in HK courts - SJ refused to assert the jurisdiction of HKSAR against Mainland courts - CFA did not have the chance to make judgment over the case o (1) Credibility of the CFA seriously hurt o (2) Who should initiate the process of interpretation? The executive or the CFA? o (3) Is the NPCSC a backdoor for the govt when it fails to win the case? o (4) Does the case involve central-local relationship or within the autonomy of the HKSAR? o (5) Is there any limit of the NPCSC’s interpretation? o (6) Can the CFA defend the Rule of Law in HK? -

Article 159: HKSAR can introduce an amendment to the BL, but it is EXTREMELY DIFFICULT to do that Committee for BL: Neither a judicial organ nor a political decision-maker, under NPCSC, appointed by Beijing HK delegates in the NPC: all appointed by Beijing, Beijing influences the selection of NPC delegates Final decision making power vested in the NPCSC No amendment to this Law shall contravene the established basic policies of the PRC regarding HK  impossible for HK ppl to amend the BL o (e) State of emergency  The Central Government can declare a state of emergent and apply relevant national laws to HK in case of war, or by reason of turmoil within HK which endangers national unity or security and is beyond the control of the government of the emergency (Art 18)  Emergent circumstances are subject to interpretation  Deterrence: put the weapons in HK, creating the effect of threatening HK people o (f) Legislation

HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law 

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NPCSC can return any law deemed to be in violation of BL regarding affairs within the responsibility of the central government or the relationship between the central government and HK (Art 17) Enacting Art 23 is still an obligation of HK HK has no residual power (powers not stipulated in the BL belong to PRC)

The institutional framework (not written inside the Constitution) - Proliferation of mechanisms for communication o Vertical communication  Communication offices of Chinese representatives in HK  Part Central HK and Macau Work Coordination Group o Horizontal communication  Communication and coordination mechanisms with other provinces o HKSAR representation in China o HK delegates in NPC and CPPCC  All appointed by Beijing (B) How China perceives the role of HK? 1. The first generation of CCP leaders - In the early decades of its regime, the CCP focused on combating with the US on one hand and facilitating economic development and political stability on the other. - Before the opening of China, HK is the channel for China’s communication with the world - In late 1940s, the Communist government had a final goal of unification and struggle with imperialism with the West - Liberate HK from the British hands? Decided not to do so as the US provided support to KMT, if CCP tried to attack the British, it may attract greater oppositions - Long-term consideration, full utilization: the roadmap to recover HK would be according to the real situation of the British colonial rule; eventually they’ll achieve national reunification

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2. From the Korean War to the Opening of China During the Korean War, China faced an embargo and blockades from the West, HK became very important to ship medicine and steel to the Mainland China Economic values: HK is functional to China’s national development and socialist building

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CCP would be contented not to cause any instability nor chaos to HK’s capitalist system. Meanwhile, it would not allow HK to be turned into an anti-Communist base United Front was deployed in HK: to prevent HK to turn into an anti-Communist base 3. 《中國香港: 文化與政治的視野》(強世功, 2008 ) Worked in Chinese Liaison Office (1) Why “One country” but not “one state” two systems? o “State” refers to Western conception of modern nation states that emphasize on political membership (voluntary, contractual relationship between the govt and the people) o “Country”: Cultural collectivity – dating back to imperial China o “Core and Periphery”  A short period of self-rule by local elites: to let the loyal local elites rule for a certain period  Cultural assimilation  Different ways to deal with the peripheral parts: tailor-made to fit in the local situations  A transitional policy that allow the Chinese govt to buy some time to assimilate HK people into the system, so that eventually the two systems would integrate and become one (2) Winning hearts and minds of HK people o Advocacy of patriotism and united front (3) Dealing with problems outside HK o Look at the international relations (HK politics is subject to international politics) o HK is part of China’s strategic consideration in its international politics (4) The Practice of OCTS Policy in the HKSAR o Published before the alleged Occupy Central movement, and in multiple languages o The high degree of autonomy of HKSAR is subject to the level of the central leadership’s authorization. There is no such thing called residual power o It is necessary to stay alert to the attempt made by a very small number of people who act in collusion with outside forces to interfere with the implementation of OCTS (5) 汪洋：中俄深化關係 回應西方撐港顏色革命 Factors to be observed  State-society relations o China’s policies towards HK  Politics in Mainland China

HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law

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o Leadership style, intra-part politics of the CCP, national policies, social movements in Mainland China The role of HK from the perspective of international relations o Realism: the political agenda of China in IR, its strategy in East Asia o Influence from the US’s Back to Asia policy o Influence from Colour Revolution

SUMMARY - A hierarchical relations, sovereignty politics: CPG monopolises all the possession and power of the nation, excludes people’s sovereignty, all the power come from top authorities instead of delegated from people to the government (Wu Guoguang) - An instrumental view: to advance state interests - A window to the outside world (especially before the opening of China in 1979) & a crack opened to the outside world - A seedbed of hostile foreign activities - The problem of national security - *How are these values framed into ideological discourses? (C) OCTS in practice The ideological framework: Patriotism - (1) The meaning of patriotism in theory:  Stephen Nathanson defines patriotism as involving special affection/ attachment for one’s own country o Personal identification with the country o Special concern for the well-being of the country compared with other countries o Willingness to sacrifice to promote the country’s good  The debate: is patriotism a virtue? 

Robust patriotism (Alasdair MacIntyre): Morality is always the morality of a particular community o Central moral value, integral to our moral standard o If detached from the community, we’d lose all moral standard o *Your loyalty should be given to the nation but not to the government/ political ruling party o Limitations:  Even though we learn morality from socialization, does it mean that we have to love our nation?  Trying to project the kind of loyalty to the family to the nation as a whole.  Why the attachment to the society has to be linked with patriotism (to the nation)

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Critical patriotism (Marcia Baron): At one level, we are often justified in taking into account our particular commitments and attachments, including those to our country. At another level, we can and ought to reflect on such commitments and attachments from a universal, impartial point of view, to delineate their proper scope and determine their weight. o National interest not always prevail over other moral considerations Extreme patriotism (Niccolo Machiavelli) and other versions

(2) The patriotic debate in HK  Origin: modification of the CCP’s ruling ideology after 1979  Function: to legitimise the CCP’s ruling role, determine and adjust its final goals and provide a conceptualization tool for the social and political order so desired by CCP in the post-Mao China o From a revolutionary party to a governing party  Deng: patriotism was made relevant to socialist construction o Socialism is to make the country rich and strong  Socialism (only a means to achieve a rich and strong Chinese nation) is subordinated to patriotism o Marxism should be fixed to reflect Chinese reality and socialism should be the ideology of Chinese characteristics  Unify with various social class rather than antagonize the social class  Periphery regions like HK, Macau, Taiwan 

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Premier Zhou Enlai: CCP in HK should spread patriotism but not socialism, to form an extensive patriotic United Front but not a socialist United Front Deng Xiaoping in 1984: HK should be ruled by patriots o Majority of the politicians should be patriotic according to Chinese government’s interpretation A relatively lenient and pragmatic definition to what constitute “patriots” in the 1980s o Agree with the unification of HK with mainland China o Agree with the leadership of CCP Pro-democracy camps: Meeting Point 匯 點 agree with the reunification of HK to China  Even if you believe in capitalism and feudalism or even slavery, can still be patriots  Not ideological Patriotism debate in 2003 after July 1 Protest concerning the withdrawal of the National Security Bill o More strict: a moral requirement to be HK politician 

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HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law  

Cannot confront with the Chinese govt CCP is the representative of Mainland people and HK people

SUMMARY - No direct relationship between cultural China and political allegiance towards the CCP  Even if HK people culturally connected towards China, no direct relation between your love towards China and your love towards the Party - Patriotism is not any kind of subjective feeling, you cannot define yourself as a patriot, only the govt can do - Robust patriotism is critical, but Chinese govt: to be loyal to the Party - To identify with a political entity and its core interests  One party dictatorship  Socialist road  Territorial integrity: X separationism in HK - Goes hand-in hand with nationalism: the CCP represents the interest of the Chinese nation as a whole - Nation as a natural phenomenon– depends on innate characteristics, you membership to a nation is determined by your blood tie and kinship, but not about your voluntary membership - Burden from the national condition of China  If we are not united under the Communist Party, we would be disintegrated by Foreign powers - Downgrading local identities  Western values like democracy and human rights -

(3) How “ideological” is it? (John Thompson, 1990) • Classic Marxism: Ideology as a superstructure/ epi-phenomenon (Grundrisse, 1857, unfinished)  conceals or distorts power relations  Marxist conception of ideology • Superstructure (ideology, art, politics, religion)  maintains and legitimize certain material base • Ideology has material existence, shaped by material base • Base (means of production, relations of possession – who possess the means of production)  shape the superstructure  Negative view of ideology: • The criterion of sustaining relations of domination • Necessarily contains “class belonging”, serve the interest of particular class  Thompson:  Ideological discourses may misrepresent or conceal power relation – seeing ideology as more neutral  The result of ideological practice cannot be predetermined

HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law 

Not necessarily contains “class belonging” – not articulated by a particular class or serve a particular class

John Thompson’s Ideology and Modern Culture (1990) 5 tactics that people would subscribe to the ideology  Naturalization (emphasize on the “inevitability” of events) • Present man-made phenomena to nautral phenomena  Narrativization (selective use of historical episodes) • Selectively respond to certain history or tradition of that society • E.g. Cultural Revolution – not favourable to governance  Unification (a form of unity that embraces individuals in a collective identity, irrespective of their differences) • Exaggerates the kind of sameness/ similarities and deemphasize on the differences  Universalization (presenting particular interests as the interest of all) • Present the interest of the governing party as the interest of the people in the nation  Fragmentation (Creation of others and dichotomize “us” from “them”) • Create certain enemies for the society – the in-group sense of solidarity would be strengthened -

(4) Applying Thompson’s framework  Example (i): Narrativization o Thompson acknowledge the importance of resonating to histories and traditions for a discourse to gain social dominance o Traditions may be selectively emphasized by the governing party o 郝鐵川 : 「有一些香港的人士問我，為什麼中國共產黨是執政 黨，他們說共產黨應該下台，結束一黨專政。我覺得中國 我覺得中國 我覺得中國共產 共產 黨領導的多 黨領導的多黨合作政治協商制 黨合作政治協商制 黨合作政治協商制度，是一個歷史形 度，是一個歷史形 度，是一個歷史形成的 成的 成的產物… 產物… 產物…… … 我們可以 我們可以說，沒有共 說，沒有共 說，沒有共產黨現在的領導， 產黨現在的領導， 產黨現在的領導，中國很可能陷 中國很可能陷 中國很可能陷入分裂割 入分裂割 據。 據。中國為什麼能保持這麼多年的穩定？因為中國有五十六個 民族，五十六個民族當中都有共產黨員，他們把五十六個民族

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團結在一起。」（香港資深傳媒人員聯誼會，2013/1/31）  Late Ching period: Scramble for possession, China was partitioned and bullied by certain foreign powers  Asserts strong leadership of CCP Example (ii): Naturalization o Diverts the audience from any institutional and political explanations to social phenomenon and problems o 張曉明 : 「在一國兩制下，香港維護國家安全和發展利益是 應 有之義。 有之義。祖國會全力支持香港發展經濟，但香港也要提升自身

HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law 的競爭力，與內地融合亦是大勢所趨。 」（《文匯報》，

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2012/11/22） o To CCP, patriotism is an in-born sense of feeling which is morally required by individuals Example (iii): Fragmentation o To create sense of unity and crisis in the society, to divert attention o 「反中亂港」、「港獨」、「勾結外部（境外）勢力」、「外 部勢力扶植的港澳反對派力量」 o Foreign forces deliberately separate HK from Mainland China

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Marxist tradition: ideology as a covert means of oppression • If the govt asks people to love the country explicitly, people may be fatigued • The feelings have to be hidden “The ‘ideas’ or ‘representation’, etc., which seem to make up ideology do not have an ideal or spiritual existence, but a material existence.” (Louis Althusser, 2000: 242) • e.g. Singing national anthem every day to make people love their country • External environmental conditions triggers your emotions, but not rooted from your own emotions “Material base”: any material inducement for one to comply with the patriotic discourses? How to disseminate these discourses in HK? (What are the actors involved? Through what ways?) • Material inducement so that people would subscribe to the ideology

(D) One Country, Two systems in practice – State Corporatism 協同主義 and the United Front Corporatism  A framework analyzing state-society relations  Critique liberal capitalism – all the social bondings broken down because of self-interest maximizing behaviour  Corporatists believed that the state assumes two important roles—upholding justice and providing leadership to the economy – regulator of the society (i) The state had the duty to protect labours from exploitation, protecting consumers, aiding enterprises against foreign competition, combating speculation, and so on. (ii) The state also acts as the source of leadership to the economy.  Core Beliefs: The state advances the social, economic and political arrangements that sustain a consensual society (*Social harmony and state regulation of civil society)

HKP Lecture 3 The political context (3): China’s policy towards HK: OCTS and the Basic Law

The level of state intervention Totalitarian ----------------(State) Corporatism (Societal)---------------------- Pluralism • An important segment of the corporatism model is its division into different levels. In essence, the dynamics of state-society relationship is a continuum, with totalitarianism and pluralism on the two ends. • Corporatism stands in-between, but still, there are different variations of statesociety relationship under the banner of corporatism. • State corporatism and societal corporatism (Philippe Schmitter, 1979, 1982) • State corporatism: Interest groups subordinated to the state • Societal corporatism: compatible with democratic basis (Switzerland, Netherlands) State corporatism • Top-down, authoritarian and coercive form of corporatism • Europe in the 1920s and in the Latin America from the 1930 onwards, established under authoritarian regimes • e.g. Closely identified with Fascism in Italy under Benito Mussolini • Under Fascism, the state is the highest and most powerful form of spiritual impulse in history, which calls for total subordination of the individuals...