economic rights would be to rely on alternative, more conventional grounds such
as the right to equality before the law, although the court is right that social and
economic rights encompass more than a right not to be discriminated against in
their enjoyment.
iv. democratic development in hong kong
Another litmus test of autonomy would be the extent of self-government in
Hong Kong.
Article 68 of the Basic Law stipulates that the Legislative Council of the HKSAR
‘shall be constituted by election’. The method for forming the Legislative Council
shall be specified in the light of the actual situation in the HKSAR and in
accordance with the principle of gradual and orderly progress. The ultimate aim
is the election of all the members of the Legislative Council by universal suffrage.
The composition of the second and third terms of the Legislative Council is
stipulated in Annexiiof the Basic Law, which further provides that if there is a
need to amend the method of formation of the Legislative Council after 2007 ,
such amendments must be made with the endorsement of a two-thirds majority of
all the members of the Legislative Council and the consent of the chief executive,
and the amendments shall be reported to the NPCSC for the record.
The democratic movement in Hong Kong gathered momentum after the massive
demonstration in July 2003 leading to the withdrawal by the government of the
controversial national security bill. There was strong public demand for a fully
elected Legislative Council in 2008. In April 2004 , the NPCSC decided on its own
motion in its second interpretation that the power to initiate any democratic reform
was vested in the NPCSC, reminding the people of Hong Kong that there could not
be any constitutional reform without the consent of the central government. The
NPCSC laid down a procedure that the chief executive of the HKSAR shall submit a
report regarding whether there is any need to make an amendment to the provisions
of Annexii, and the NPCSC shall make a determination in light of the actual
situation in the HKSAR and in accordance with the principle of gradual and orderly
progress. On the basis that there was no consensus in Hong Kong on the abolition of
functional constituency election, the NPCSC subsequently decided that there was
no need to change the method of formation of the Legislative Council in 2008.
Minor changes to increase the number of directly elected seats were permissible,
provided that the proportion between the members returned respectively by geo-
graphical election and functional constituency election should remain unchanged.
The Constitutional Task Force of the HKSAR government conducted further
public consultations on the further reform of the Legislative Council in 2008 ,
resulting in the publication of its Fifth Report in October 2005. It proposed, among
other things, that the membership of the Legislative Council be expanded from
sixty to seventy. Half of the ten new seats would be returned by geographical direct