?
B) THE CHIEF EXECUTIVE SHOULD BE ELECTED EITHER BY THE LEGISLATURE OR BY DIRECT ELECTION OF CANDIDATES NOMINATED BY THE LEGISLATURE.
10.
THE ARTICLE CONCLUDED THAT THE ANNOUNCEMENT OF THE TWO POSITION PAPERS IMMEDIATELY BEFORE THE XIAMEN MEETING OF THE BLDC SPECIAL GROUP ON POLITICAL SYSTEM COULD BE AN ATTEMPT TO TEST THE CHINESE'S BOTTOM-LINE AND CONSEQUENTLY TO FACILITATE CONVERGENCE. THE CHINESE BLDC MEMBERS, THE ARTICLE OBSERVED, PREFERRED THE PROPOSALS OF THE 57 BLCC MEMBERS.
11.
COMMENTING ON THE OUTCOME OF THE XIAMEN MEETING, THE ARTICLE SAID THAT CONSENSUS REACHED AT THE MEETING WAS THAT THE EXECUTIVE THE LEGISLATURE AND THE JUDICIARY SHOULD BE INDEPENDENT FROM ONE
ANOTHER AND SHOULD BE GOVERNED BY A SYSTEM OF MUTUAL CHECKS AND
BALANCES. HOWEVER, THERE WERE DIVERSE VIEWS OVER WHETHER THE
LEGISLATURE SHOULD HAVE THE POWER TO INTRODUCE POLICY BILLS. THOSE
WHO ADVOCATED A SMALLER PROPORTION OF DIRECTLY ELECTED MEMBERS WERE
IN FAVOUR OF INCREASING THE POWERS OF THE EXECUTIVE AUTHORITIES,
WHILE THOSE WHO SUPPORTED DIRECT ELECTION PREFERRED THE LEGISLATURE
TAKING MORE POWERS.
12. FINALLY, THE ARTICLE LISTED FIVE FACTORS FOR CONSIDERATION WHEN DECIDING WHETHER THE SAR SHOULD HAVE A LEGISLATURE-LED
SYSTEM:
(A) JD STIPULATED THAT THE SAR WOULD BE UNDER THE DIRECT AUTHORITY
OF THE CPG. THE APPOINTMENT OF THE CHIEF EXECUTIVE BY THE CPG WAS
A MANIFESTATION OF CHINA'S SOVEREIGNTY OVER HK, AND SHOULD BE
MORE THAN A NOMINAL PROCEDURE. IT WOULD BE UNREALISTIC TO ATTEMPT
TO RESTRICT THE CPG'S POWER TO APPOINT THE CHIEF EXECUTIVE BY
ELECTING THE CHIEF EXECUTIVE FROM THE LEGISLATURE.
(B) WHILE THE CHIEF EXECUTIVE WAS SUPPORTED BY HK PEOPLE, THE
SOURCE OF HIS POWERS WOULD BE THE CPG. THE CHIEF EXECUTIVE MUST
ABIDE BY THE BASIC LAW AND THE LAWS OF THE SAR. HE WOULD ALSO BE
KEPT IN CHECK BY THE LEGISLATURE.
(C)
DIRECT ELECTION AND ELECTION OF THE CHIEF EXECUTIVE FROM
AMONGST THE LEGISLATURE WOULD LEAD TO PARTY POLITICS WHICH WOULD
NOT BE CONDUCIVE TO POLITICAL STABILITY.
THE
(D) ELECTION OF THE CHIEF EXECUTIVE FROM AMONGST THE LEGISLATURE
WOULD REPRESENT A RADICAL BREAK FROM THE EXISTING PRACTICE AND WOULD
ADVERSELY AFFECT THE EFFICIENCY OF THE ADMINISTRATION.
INSTABILITY CONSEQUENT UPON THE TRANSFER OF POWER AT EACH ELECTION
WOULD JEOPARDIZE ECONOMIC PROSPERITY.
(E) THE MAJOR SHORTCOMING OF DIRECT ELECTION TO THE LEGISLATURE
AND ELECTION OF THE CHIEF EXECUTIVE FROM AMONGST THE LEGISLATURE
WAS THAT THESE PROPOSALS IGNORED LOCAL CIRCUMSTANCES SUCH AS THE
STATE OF PROGRESS OF CIVIC EDUCATION THE TRADITION OF DEMOCRACY
AND THE STATUS QUO. NOR HAD THEY TAKEN INTO ACCOUNT THE CONFRONT-
3
RESTRICTED
-ATIOI