The substance and spirit of democracy
Updated: 2013-06-25 05:43
By Ho Lok-sang(HK Edition)
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There is indeed such a thing as universal values, and democracy is one of them. Democracy was one of the two key objectives of the May 4th Movement back in 1919, the other one being science. Students at that time wanted to modernize China through democracy and science. Today, the ideal of democracy is endorsed in countries across the world.
Today we have a social movement in Hong Kong that aims to bring genuine democracy and true universal suffrage when the next Chief Executive of the SAR is to be elected. This highly controversial social movement is causing a stir and has become highly divisive, and a worry that the very foundation that has held up Hong Kong in the past 100 years through thick and thin may be shaken.
This is truly unfortunate, and totally unnecessary. It is too bad that too many people do not understand the true meaning of democracy.
I will assume that while there are many different interpretations of democracy, the relevant interpretation has to be the one that serves the long-term interest of the community. Democracy is meant to serve people. If democracy hurts people, we may as well not have democracy!
A democratic government is a government that is responsive to people's needs and is effective in meeting those needs. I have called this "substantive democracy" in my books Public Policy and the Public Interest, and Public Governance in Asia and the Limits of Electoral Democracy. Regardless of how the government is formed, it is a mistake to call such a regime dictatorial or authoritarian.
I agree that because power corrupts, and absolute power corrupts absolutely, it is necessary to set up mechanisms to prevent power abuses. Without such mechanisms, even though a ruler is very enlightened and responsive the next one could be dictatorial, self-serving, and abusive. That is why I totally agree with Professor Benny Tai Yiu-ting that it is of utmost importance to ensure "procedural justice" to minimize power abuses. That is why the rule of law is truly a crucial, essential and indispensable ingredient to democracy. That is why Professor Tai is wrong to say that "democracy is a precondition to the rule of law".
The rule of law is there to make sure that anyone's rights will not be arbitrarily infringed upon by anyone else. This is a fundamental need of every citizen of every country. A country that does not uphold the rule of law cannot be democratic, because it fails to satisfy a crucial need of the people. Having "democracy" but without the rule of law will plunge any society into chaos and untold suffering. Readers are invited to take a look at Amy Chua's World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability.
The rule of law - which cannot be effective without judicial independence - is there not just to protect us from the abuse of power by officials. It is also meant to protect us from the infringement of our basic rights by anyone.
If we are true believers in democracy, we definitely will refrain from infringing the rights of other people. We cannot arbitrarily infringe other people's basic rights and fight for democracy. This would be a contradiction in terms.
One of the basic rights of people that we need to respect is their right to make a living and go about their ways of life as they see fit - as long as they also do not infringe other people's rights.
For this reason I really cannot understand how those who call for "Occupy Central" can justify their action in the name of fighting for democracy.
I have absolutely no objection to their right to tell others how they interpret universal suffrage and how they understand democracy, and I welcome an opportunity to exchange views with them. After all, we all believe in freedom of speech. But I am resolutely against the "Occupy" action. It represents an abuse of civil power. Respecting other people's basic rights is so fundamental to Hong Kong's core values that I simply cannot find any justification for violating this principle.
As a university professor, I call upon students at Lingnan University, and every student in Hong Kong, to respect the rule of law. I hope they will refrain from taking part in "Occupy". I am happy to see them vocalize and express their political views, whatever such views are, in a civil way. There is plenty of room in Hong Kong to tell others what you think and why you hold such views. Imposing your view on others by threatening to infringe their rights if they do not agree is both illegal and morally wrong.
The author is director of the Center for Public Policy Studies at Lingnan University.
(HK Edition 06/25/2013 page9)