ACTING CE TSANG SEEKS U.S. UNDERSTANDING

C O N F I D E N T I A L HONG KONG 001769


FOR ACTING A/S REVERE FROM CG KEITH

E.O. 12958: DECL: 04/06/2029
TAGS: PGOV PHUM PREL CH HK
SUBJECT: ACTING CE TSANG SEEKS U.S. UNDERSTANDING

Classified By: Consul General James Keith, Reasons: 1.4 (b,d)


1. (C) Acting Chief Executive (A/CE) Tsang called me late
April 6 to provide background regarding the Hong Kong
Government's (HKG) decision to initiate a request for an
interpretation to settle the issue of the duration of the
term of the CE to be elected in July of this year. He said
that a briefing for the Consular Corps was being scheduled,
but he wanted to ensure U.S. understanding of the rationale
for this course of action. He emphasized he had consulted
widely and publicly before embarking on what he termed a
"last resort." There were no other options that would
produce an outcome consistent with his commitment to the rule
of law and, he emphasized, in time for the upcoming July
election. Tsang advised that he believed it would be
disastrous for Hong Kong if the election were not held on
schedule, and he dismissed as unworkable the suggestion made
by some legislators that the election be held even if there
were no resolution of the debate over term of office.


2. (C) Tsang averred this was an appropriate issue for the
central authorities under the Basic Law because it addressed
the relationship between the two systems under "one country,
two systems" and it dealt with the appointment of the Chief
Executive, both matters that were explicitly identified in
the law as the proper ground for central deliberation.


3. (C) Recognizing that the question of the process was the
focus of international attention, not popular opinion, Tsang
nevertheless noted that the Hong Kong people increasingly
favored an interpretation from the National People's Standing
Committee (NPC SC) to solidly ground the decision on the term
of office for the next CE. Tsang asserted that he was
comfortable his Government's request for an interpretation
would not erode the rule of law or the Hong Kong courts'
authority.


4. (C) Comment. Tsang's outreach to the public on this
issue and the care he has taken to be seen talking to the
Hong Kong people, including opposition politicians, is
notable. He has performed well in the public arena and is
being rewarded with popular support, despite opposition from
pro-democracy politicians who fear the request for an
interpretation will be seen as short-circuiting the courts
and intervening in due process in Hong Kong. Some will
criticize this interpretation as indistinguishable from the
previous two (on right of abode and precluding universal
suffrage in 2007 and 2008). There is to my mind a
qualitative difference between the technical fix required of
the Basic Law in this case and the broader political agenda
evident in the April 2004 NPC SC's ruling out of universal
suffrage. Tsang is trying to establish a legal basis for the
outcome already dictated by the central authorities.
Ideally, Beijing would have transparently sought an amendment
to the Basic Law to take care of this technical deficiency.
I believe an interpretation, while inferior to an amendment,
is better than no action at all. At least an NPC SC
interpretation will conform to the expectation that there be
a legal basis for Beijing's decision. Under the present
circumstances, Tsang is doing more with the central
authorities than his predecessor had done or would do in
similar circumstances. This is not supine obedience, but is
rather a good faith effort to make the best of a bad
situation. End Comment.


KEITH