Introduction
One of the highly debatable topics in different governments in the world is about constitutional reform and Hong Kong is never an exemption. Accordingly, constitutional reform in the country has been a hot issue after the sovereignty has been handed to the People’s Republic of China. In this regard, different views and opinions in terms of the context of democratization have been identified in social paradigm. A number of recognizable reports as well as proposals had been proposed by advocates from both pro-Beijing and pro-democratic camps in both 2005 consultations and the latest one in 2009. Lessons and experiences of 2005 reform cycle have also been concluded by scholars by different scholars and studies (Hong Kong Transition Project, 2005).
Throughout the history of Hong Kong, pan-democratic camp has a moral duty to bring the political system towards a universal and equal franchise. People in Hong Kong have been told by the history, from colonial period to Chinese regime, that any reform package on the political system is closely related to the extent and pace of democratization willing to be given by ruling regimes. In an institutionally undemocratic context, the need of political reform so as to attain universal suffrage is regarded as public problem. Yet, the SAR government is obliged to reflect views of the public on such problem promptly to the central authorities in the stage of consultation in one of the ‘5 steps on constitutional reform’. There are also very few investigations have been done on assessing the capacity of the government to articulate public opinion on constitutional reform.
Disarticulation of public opinion on constitutional reform packages have then been identified from the consultations conducted in both 2005 and 2009. Among all disappointments expressed from the public, there is a need to scrutinize if the bureaucrats were unable to transform public opinions on constitutional reforms accurately because environmental factors had shaped the black box in a dramatic way.
From the above, there is a significance to examine how well the government has done in engaging stakeholders to participate in constitutional reform consultations thus if the process in 2009 has been improved compare with the one carried out in 2005. A ladder of stakeholder management and engagement will be applied for the study as a quantitative analysis. For the qualitative ones, black box model will be utilized to examine constitutional reforms process in order to account for the phenomenon of disarticulation.
Background of the Study
The principal issue of Hong Kong reform ation from being a colony of Great Britain to becoming the citizens of the Special Administrative Region (SAR) of the Peoples Republic of China has been whether, and when, Hong Kong citizens would gain the full rights as well as privileges of citizenship. One of the most important issues to consider is to know when the citizens can be able to fulfil their rights of suffrage which they have never experiences during their 156 year of being under the British government. It can be said that the first pace of the constitutional reform in the country has been characterised by a contest construction of a post-colonial future. Herein, the major issue was how to maintain the status quo in spite the essential return to China. The next phase of the reform composes of an evolution of constitutional conventions through power prctices. The entire concern of different stakeholder’s invovled was whether and how a strong executive-led constitution should be enhanced unde the principle of one nation, two systems approach. In this regard, the major concern is democracy which is considered to be the legitimate concern in the nation. It can be noted that the most salient patterns for Hong Kong in this generation si being trapped in frustrations. With their formal capailtiies at hand, the government has been restricted in its many tries to reform and to deliver such changes. By and large, it is essential to discuss the state of the constitutional reform in Hong Kong through different models (Departnment of Foreign Affairs and Trade, 2010).
Some scholars note that the current political system is very institutionally fragmented. The fragmentation of the institution tends to frees the diffuse pockets of political asepcts in the society, provide the aggregation of diffents interests complexities, prevent the swift generation of political consensus,limit the popular base of support and consequently decrease the capacity of the government to govern. Considering such encompassing aspect, political party’s typically perform essential function, specifically the function of interest’s aggregation. In this regard, the issue of constitutional reforms should be given enough attention and should be considered as interrelated and complex.
Analysis and Discussion
Accordingly, this report will be divided into two sections in line with the constitutional reform consultations and packages.
Section 1: Investigation on the level of public participation on constitutional reforms in 2005 and 2009
In this section, both constitutional reform cycles will be evaluated with the assistance of ladder of stakeholder management and engagement proposed by Friedman and Miles (2006). Stakeholder management referred to the system and aprpoach in which an organisation or a government institution pursues their purposes and objectives while give considerations on the interests of its stakeholders (Freeman, 2004). In order to develop specific approaches to manage its stakeholder relationships, the management of the organisation first needs to identify who is a stakeholder?” and “what is the context of the relationship between such stakeholder and the organisation?” (Frooman, 1999). In the context of the Stakeholder Theory there is a divergence between the nonnative and instrumental doctrines. The nonnative theorists have tried to generate more comprehensive model for strategic management by broadening the definition of stakeholders to involve any group or individual who affects or is in any way influenced the organisation. One issue for constructing such efficient corporate governance regimes is that this virtually considers all the people and members of the society (Sternberg. 1997, 2000). Under such meaning, organisations may encounter a bewilderingly complex set of conflicts which cannot reasonably be accommodated (Letza, Sun and Kirkbride, 2004). As noted by the instrumental theorists, it is noted that this vaguely defined term of stakeholder limits the usefulness as well as the validity of the concept.
This section of the research will be conducted on quantitative basis by counting and categorizing interactions made between government officials and organizations (and citizens) reported by the media or with official record (For instance, official record from the bureau and Legislative Council) in the stage of reform consultation. The ladder of stakeholder management and engagement is a modified version of Arnstein’s ladder of participation (1969), a model that is commonly applied on public policy analysis. Friedman and Miles have further developed the ladder by expanding ladder levels and adding explanations with examples at all levels.
Apart from a more detailed annotation than the one by Arnstein, the new ladder has been adopted because styles of dialogue associated with the ladder have been illustrated in a clear-cut manner. It would facilitate the process of induction and categorization of the interactions going to be counted in both consultations. For the standard (or criteria) of the assessment, scores will be given to the interactions in accordance with the level in the ladder. Average score will be generated after indexing all interactions, counting the total score and divided by the total interactions. Such formula could make the research operationalized by comparing 2 scores in the consultation of 2005 and 2009 thus assessing improvement (or deterioration) is feasible and objective.
The following shows the stakeholder management analysis for the constitutional reform base on the ladder of stakeholder management.
The stakeholder analysis is an efficient device for identifying how the stakeholders can be managed throught the differnet views, opinions and responsibilities of the stakeholders. The definitive stakeholder analysis holds power, urgenzy and legitimacy. Stakeholder power to influence the institution can be considered as coercive, utilitarian and normative. On the other hand, legitimacy is needed to provide authority which means that the actions should be desirable, appropriate and proper (Suchman (1995: 574) while urgency relates to eagerness to practice it which in turn will all be dependents on the degree to which delaying the responss to the demands of stakeholders are consideres as unacceptable and the significance of the demand to the stakeholder. Since the intention is to make the public participate with the constituional reform; there is a need for a new approach to engage people with the stakeholders. As developed by Arnstein (1969) they are able to develop a ladder of public participation and engagement in policy making process, which ranges from a paternalistic to a more participatory system. The ladder had eight rungs from non-participation to citizen powers.
Through the work of Arnstein (1969), Friedman and Miles (2006) have extended the ladded when given consideration on stakeholder management by involving four further rungs between placation as well as collaboration, consultation, negotiation, involvement and collaboration. Following the models considered above the steps would be to determine the stakeholders as well as the salience of each of the primary stakeholders. Such salient primary stakeholders would be involved in the management procedures.
| Primary Stakeholders | Saliences | Stakes |
| Government Officials | High Definited | Financial viability
Policy Achievements |
| Service Commisioners | Moderate Dominants | Service Performance |
| Public sectors | Moderate dependents | Service performance
Value for money |
| Employees Professional Bodies and Trade Units | Moderare Dominatns | Be involve in decision making process |
| Community members (students, family members) | Moderate dependents | Reform monitoring and engagements |
| Social and non-government organisations | Moderate dangerous | Maintain standards for policy decision making process |
| Private Sectors | Moderate Dependents | Ensures good governance and constitutional reform |
| Retired employees | Moderate Dependents | Reform monitoring and engagements |
In this regard, the government officials have been considered to be the definitive stakeholders. The government officials have all three determinants of salience which include power, legitimacy and urgency. In this regard, the government has been able to dictage both the process and form of constitutional reforms. On the other hand, other participants may include service commisioners, public sectors, employeeprofessional bodies and trade units, commmunity members, social and non-government organisations and the private sectors. These stakeholders are given the opportunities to be part of the decision making process for constitutional reform. To know their opinions and standpoints regarding the constitutional reformm various studies have been conducted to different stakeholders in Hong Kong.
In order to determine what the people really want, a survey was conducted to determine the public popinion on the constitutional reform on the country. This is to determine what would be the demands and needs of the people for the cosntitutional reform the survey was commissioned by the Civic Exchange and conducted by The Hong Kong transition project. For this research, the result shows that the support for exercising their right to directly elect the Chief Executive has been strong. In this research it showed that the support range under all situations for direct Chief Executive Election is falling between 68% and 78%. On the other hand, the opposition in priciple to elect directly the CE is focuses among those born in the country with ages 60 above, retired workforce and less educated. In this study, the November 2005 survey has shown that 57% supported by direct Legco elections and CE elections in principle. In summary, a definite majority of Hong Kong people support direct elections for both the CE and Legco, demands those elections to take place by 2012 and they have revealed that they will blame Donald Tsang, Beijing and the democrats if they will step forward toward the full democracy fail to be made in the country (The Hong Kong Transition Project, 2005).
Section 2: Dysfunctional black box in political reform
Hong Kong has been governed and controlled by the Basic Low of the Hong Kong Special Administrative Region (SAR) of the People’s Republic of China (PRC), which was passed by the National People’s Congress of China in 1990. This constitution and law has been drafted by representatives from both Hong Kong and China and integrating the undertakings which has been considered in the 1984Sino-British Joint Declaration on the Question of Hong Kong. This so-called Basic Law served as a mini constitution for Hong Kong. Under this Law, the country which includes the Kowloon Peninsula reverted to be part of the Chinese sovereignty on 1997. The country has been able to continue their role of the international trading and financial centre established under the British governance. This mini constitution generates distinctive arrangements for the political and government development of the country. This promises to reserve the way of life in Hong Kong as well as the capitalist approach for 50 years from 1997 to provide the country a high degree of autonomy constant with the one country, two systems approaches and gives way for independent executive powers, legislative powers and judicial powers.
Even though the basic law ascribes from formal accountability for international and defence policy to Beijing, the country is permitted to sustain and develop restricted international relations and to consider and initiate agreements with regions, states, and overseas and foreign organisations. This has been done in various aspects such as shipping, trade, economy, communications and fishing regulations, sport, culture and tourism. Hong Kong is one of the members of the World Trade Organisation and Asia Pacific Economic Coooperation forum.
The political development of Hong Kong shows that with the aim of providing full democracy and with the aim of giving the people their rights for suffrage, different packages have bene proposed. In December 2005 the LegCo have rejected a Hong Kong Government-proposed package to consider incremental reforms to the system of choosing the CE in 2007 as well as forming the LegCo in 2008. The political development of Hong Kong shows that with the aim of providing full democracy and with the aim of giving the people their rights for suffrage, different packages have bene proposed. In December 2005 the LegCo have rejected a Hong Kong Government-proposed package to consider incremental reforms to the system of choosing the CE in 2007 as well as forming the LegCo in 2008.
Accordingly, Hong Kong’s Basic Law sets out electoral system for the LegCo and CE eletions from handover until 2007, but is quiet on how the political mechanism will develop subsequent to such, except in stipulating and considering that the ultimate objective is to elect CE and LegCO by universal suffrage or voting system. The approach and timetable for attaining this national election continue to be an essential issue in the country. In December 2007, the NPCSC have ruled out national election for the 2010 LegCo and CE elections, and states that universal suffrage may be initiated for the 2017 CE eletions and after that, is the election for the LegCO (.
Two years after, the Hong Kong government have been able to release a consultation paper for electoral reform in 2012. This includes the proposal to expand the election committee choosing the CE from 800 individuals to 1200 individuals and adding 100 new members to each of the four sectors which are presently comprising the election committee. In addition, the paper also proposed to increase the number of seats in LegCo from 60 to 70 and giving give new geographical seats as well as five new funcitonal constituency seats. This public consultation period has been accomplished in February 2010.
In this regard, the pro-establishment parties have supported the constitutional reform plans of the government. The pand-democrats, however, have shown their dissatisfaction with the content of the paper of the governments, calling for reform of operational constituencies as well as faster changes to national voting or universal suffrage. With this result, five lawmakers who were under the pan-democratic parties have resigned in January 2010 to force by-elections which they considered as referendum on demoracy. However, the government just treated such polls as trigged by the resignations as normal by-elections. In this regard, the government then moved to consider the views noted during the consultation period to generate its proposed package on electoral reform on 2012 later in 2010. Through the use of the chosen model, this section is going to illustrate disproportionate outputs with respect to inputs from 2 constitutional reform packages in 2005 and 2010. From the whole policymaking processes, it would like to justify the assumption that the black box had performed a marginal role in generating policy inputs and environmental factors have become a dominant role in shaping 2 reform packages.
Accordingly, the black box model considered the phenomenon under the democratic setting. This considers the IPO model in which the Input considers the public problem, then to the demands and support from the public, the government black box, to government decisions and actions to the output which is the policy. The black box considered the environmental factors upon analysis. The following is the analysis the issue on constitutional reform packages:
Environmental Factors:
The Beijing government
Mainland Affairs Bureau
The stakeholder’s participation and engagements
Hong Kong political parties
Input (Problems):
1. Influence by external and environmental factors
2. Differences in views and opinions among stakeholders
3. Opposite views of political parties
4. Consideration of the decisions from beijing government
5. Inability to engage and involve stakeholders in policy making process.
Demands and supports
The general public as well as the private sectors strongly requested the government to take actions to consider proposal for considering universal suffrage for electing CE and LegCo.
The government wanted to consider new approaches through constitutional reform to elect new CE and LegCO by 2012,
Process (Inside the Black Box):
Present Chief Executive are trying to consult for a constitutional reform for universal suffrage.
Mainland affairs Bureau should cooperate with the Hong Kong government
Education and Manpower Bureau (programs to educate the stakeholders)
Social and Welfare Department (expanded )/ Non-government organizations
Public sectors including employees, less educated, non-employees, retired, professionals
Consider survey for understanding the desire and needs of the people or stakeholders
Output (Policies to tackle the problems)
Integration with the beiijing government
Cooperation of the Mainland Affairs Bureau
Collaboration with the major stakeholders
Policies to stimulate the constitutional reforms
Analysis shows that the environmental factors that affect the constitutional reform packages includes the Beijing government, the Mainland Affairs Bureau, the stakeholder’s participation and engagements and the Hong Kong political parties. These environmental factors have a direct effect concerning constitutional reforms. For instance, the Beijing government has been considered as the ultimate reasons why reforms for having universal suffrage to elect new CE and LegCo are being hindered. Since there is an arragement under the Basic Law from the PRC to Hong Kong, Hong Kong government are having problems in deciding independently on political and government matters.
Black Box considers Input or Problems, in this regard, analysis show that one of the problems foreseen why constitutional reform proposal are being hindered includes the influence by external and environmental factors such as the beijing government and the mainland affairs bureau. In addition, the dDifferences in views and opinions among stakeholders as well as opposite views of political parties can also consider as one of the problems. Lastly, the inability to engage and involve stakeholders in policy making process can also be considered as one of the issues to be addressed by the government.
For this model, the demands and supports aspects are also considered. In the case of the proposed packages for constitutional reforms, the demands and supports include the general public as well as the private sectors strongly requested the government to take actions to consider proposal for considering universal suffrage for electing CE and LegCo. In addition, it also considers the government wanted to consider new approaches through constitutional reform to elect new CE and LegCO by 2012.
In line with the process, analysis shows that in order to pursue this propose universal suffrage package, the present Chief Executive shout try to consult for a constitutional reform for universal suffrage. In addition, the mainland affairs Bureau should cooperate with the Hong Kong government and the Education and Manpower Bureau should consider programs to educate the stakeholders). Aside from this, Social and Welfare Department (expanded )/ Non-government organizations should also participate and public sectors including employees, less educated, non-employees, retired, professionals should be considered. To know the needs and demands of the stakeholders, the government should consider survey for understanding the desire and needs of the people or stakeholders.
In line with the output or the policies to be considered to solve the issue, the Hong Kong government should consider integration with the beiijing government and cooperation of the Mainland Affairs Bureau. In addition, the hong Kong government should also consider collaboration with the major stakeholders and new policies to stimulate the constitutional reforms.
Based on the given analysis above, it shows that the constitutional issues for both packages proposed in 2005 and 2010, the perceive solution is to ensure that stakeholders are given enough consideration to participate with the decision making process. In addition, it can be noted also the to be able to solve the issue, the government of Hong Kong in cooperation with the government of Beijing and also the stakeholders should consider new approaches to takle the isue. To consider participation of the stakeholders, the government can conduct research survey to know the opinions and views of the people or the citizens with regards to the issue. This can be done by considering Public Opinion Poll from University of Hong Kong to be able to illustrate that people do agree on certain point of reform while those could not be reflected by counting those submissions.
Based on the background history of the Hong Kong government, it is said that mainland Affairs bureau have actually done no change and transition in the case of 2005 even the consideration of the proposal in 2010. In this regard, it can be said that the environmental factors have an effect.
In this report, the author has considered interviewing an individual which has enough knowledge in terms of this case. According to Allen Lee, the bottom line of the 2012 political reform is exactly the same as those mentioned on 2010 proposal. In the interview, Allen have noted that that Donald Tsang, the chief executive and Stephen Lam, the Chief Secretary for Constitutional and Mainland Affairs, had mentioned numerous times that the 2010 proposal is hard to be fought for and he echoed with the idea as Liao Hui, the current director of the Hong Kong and Macao Affairs Office of the State Council of the People’s Republic of China, has set those lines. In this regard, it can be said that the environmental factors surrounding the constitutional reforms have a direct effect on considering changes and transitions as part of the political development.
Conclusion
The concerns about constitutional reforms and political developments have been one of the most essential issues that must be addressed by the Hong Kong government. In this regard, the Hong Kong government along with the participation of the stakeholders must be able to formulate different policies and governance to ensrue that changes and transitions are given enough consideration.. The structures of constitutional reforms and in particular the proposed package for changing the constitution have been continuously considered as an issue in Hong Kong. Such changes are connected with the need of the people to exercise their rights but hindered by different environmental factors specifically the notion that Hong Kong is not independent and they must still consider the decision of the government of Beijing and the Mainland Affairs bureau. In order to solve this issue, the government shoulld be able to enforce different measures in order to guarantee clear and transparent governance for the people.
The major policy transitions should be considered ans the stakeholders, as analysed above should be given the change to be part of these changes. By and large, it can be concluded that though Hong Kong is struggling to consider whether univeral suffrage will be initiated in 2012 or not, based on the failed proposal made in 2005 and 2010, the government shoud still find ways on providing the needs of the people and the government should be able to ensure that stakeholders are given enough attention. In doing so, the Hong Kong government should consider analysing their stakeholders and enable them to participate in the decision making process. In addition, it is also important to analyse what had happened in the past and the reasons for failure through the use of different policy model analysis, such as the Black box.
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