Political Appointments System in Hong Kong

The Political Appointments System is a scheme introduced in 2008 by the Government of the Hong Kong SAR to reinforce its ministerial team by inserting two layers of senior political officials between ministers, who are political appointees, and the permanent secretaries, the highest-ranking civil servants. The appointment of undersecretaries and political assistants is an extension of the Principal Officials Accountability System that was initially confined to principal officials. [] under which two new posts, Deputy Directors of Bureaux and Assistants to Directors would be added to the political appointment layer for each of Hong Kong's 11 policy bureaux. Thus, each Director will be assisted by the two new appointees constituting the political team; civil servants would carry out the administrative and executive tasks of the Government.]

Announcement of appointments

The government named eight newly-appointed Undersecretaries on 20 May, and nine Political Assistants on 22 May 2008 as part of the Chief Executive's policy blueprint and agenda in an executive-led government. One of the stated aims was to groom the new generation of political talent. Tsang described the appointments as a millstone in the development of Hong Kong's political appointment system.cite web|author=Diana Lee|url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=66142&sid=19014731&con_type=1&d_str=20080521&sear_year=2008 |title= High hopes for appointees"|publisher= "The Standard"|date= 21 May 2008|accessdate=2008-07-06]

Three appointees were members of the government-friendly DAB, one from the Liberal Party,cite web|author=Bonnie Chen |url= http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=67270&sid=19358210&con_type=1&d_str=20080616&sear_year=2008 |title= New politicos pay row 'overblown'|publisher= "The Standard"|date= 6 June 2008|accessdate=2008-07-06] two were associated with the Bauhinia Foundation. According to corporate governance activist David Webb, no fewer than 7 of the appointees had been identified by the press as being close to the Foundation, which lobbies for a range of big business-friendly proposals. [cite web|author=David Webb|url=http://webb-site.com/articles/bauhiniafound.htm |title= Who is the Bauhinia Foundation?"|publisher= "The Webb-site"|date= 13 June 2008|accessdate=2008-07-06]

Undersecretaries

The UnderSecretaries are appointed under the political appointment system on non-civil service terms for the period ending 30 June 2012.Citation|url= http://www.info.gov.hk/gia/general/200805/20/P200805200121.htm |title= CE appoints Under Secretaries| publisher= Hong Kong Government| date= 20 May 2008|accessdate=2008-07-06]

Political assistants

The Political Assistants are appointed under the expanded political appointment system on non-civil service terms for the term ending 30 June 2012.Citation|url=http://sc.info.gov.hk/gb/www.info.gov.hk/gia/general/200805/22/P200805220190.htm |title= CE appoints Political Assistants| publisher=Hong Kong Government |date= 22 May 2008|accessdate=2008-07-06] [cite web|author=Bonnie Chen|url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=66273&sid=19048744&con_type=1&d_str=20080523&sear_year=2008 |title= Media muscle in on political posts"|publisher= "The Standard"|date= 23 May 2008|accessdate=2008-07-06]

Controversies

Nationality row

Although there was no legal or constitutional barrier for appointees of this level of seniority to have foreign nationality, a row immediately ensued when Democrats sought to attack Gregory So and other appointees over their foreign passports.cite web|author=Mary Ma|url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=21&art_id=66515&sid=19121492&con_type=1&d_str=20080529&sear_year=2008 |title= Passport to political maturity|publisher= "The Standard"|date= 29 May 2008|accessdate=2008-07-06] The government maintained that this was not prohibited by the Basic Law. "The Hong Kong situation is unique - as long as you live in Hong Kong for seven years, you can be a voter as well as undersecretary," Executive Council convener Leung Chun Ying said. "The Basic Law does not differentiate political and non-political appointments. It only requires the chief judge to be a Chinese and less than Fraction|1|5 of the Legislative Council members have foreign nationality," Leung added. He said it would be improper to add further requirements outside what the Basic Law has specified. [cite web|author=Bonnie Chen|url= http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=66470&sid=19103041&con_type=1&d_str=20080528&sear_year=2008 |title= Exco Convenor downplays appointees' nationalities"|publisher= "The Standard"|date= 28 May 2008|accessdate=2008-07-06] Albert Cheng argued that the Democratic Party's stance was putting the principle of "One country, two systems" at risk. [cite journal|author=Albert Cheng|title=Structural problem |publisher= "South China Morning Post"|date= 31 May 2008] "The Standard" editorial sais that it would reduce the pool of potential talent available for government.

However, there was a tide of criticism from three former senior government officials, amongst others, of the government's handling of the new political appointees: former Treasury Secretary John Chan said the government was "politically insensitive" while Regina Ip said the administration displayed "political misjudgement"; former Secretary for the Civil Service Joseph Wong said the government "should not keep the nationality and salaries of the appointees secret since the public has the right - and expectation - to know". [cite web|author=Bonnie Chen |url= http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=66730&sid=19180306&con_type=1&d_str=20080603&sear_year=2008 |title= Ex-officials on attack"|publisher= "The Standard"|date= 3 June 2008|accessdate=2008-07-06]

Appointees were asked not to make individual comments on the matter. However, on 29 May, Gregory So broke silence and announced he would renounce his Canadian citizenship; Raymond Tam surrendered his British Overseas Passport. [cite web|author=Bonnie Chen |url= http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=66613&sid=19135873&con_type=3&d_str=20080530&sear_year=2008 |title= Two surrender foreign passports to defuse row|publisher= "The Standard"|date= 3o May 2008|accessdate=2008-07-06] As at 4 June 2008, five Undersecretaries had declared they were giving up their foreign passports citing public opinion as an overriding factor, and one Assistant had also initiated the renunciation process.cite journal|author= Ambrose Wong "et al"|title=Deputy Ministers give up passports"|publisher= "South China Morning Post"|date= 5 June 2008]

Transparency issue

No sooner that the nationality row had been quelled, another one erupted over appointees' individual quantum salary levels, as well as whether they were justified. Up to that point, the government had only banded the disclosure that Undersecretaries would be paid monthly stipend of between HK$193,773 to HK$223,586, and that political assistants would receive between HK$104,340 and HK$163,963 for their services. [cite web|author=Bonnie Chen|url= http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=66273&sid=19048744&con_type=1&d_str=20080523&sear_year=2008 |title= Media muscle in on political posts"|publisher= "The Standard"|date= 23 May 2008|accessdate=2008-07-06] Citing the example of Paul Chan, reportedly earning between HK$20,000 and 30,000 [in the private sector] , Liberal Party leader James Tien said it was "unreasonable to see that he will be earning at least $130,000."cite journal|author= Eva Wu| title= Liberal chief questions big pay rises for political assistants|pages= Pg A2|publisher="South China Morning Post"|date= 5 June 2008] On 5 June, the "South China Morning Post" lodged a complaint with the Ombudsman for access to information on appointees salaries. [cite journal|author= Fanny Fung |title=Complaint filed over secrecy on salaries|pages= Pg A1 |publisher= South China Morning Post|date= 6 June 2008]

Pressure for disclosure continued to mount despite government insistence on the right of the individuals to privacy. On 10 June 2008, the new-appointees all came forth and revealed their salaries. The Government news release stated that the appointees had "voluntarily disclosed their salaries, given the sustained public interest in the issue." Political commentator Frank Ching criticised the government's cowardice for hiding behind the appointees.cite journal|author=Frank Ching|title= Undermining the once-cherished civil service| pages= Pg A12|publisher "South China Morning Post"|date= 17 June 2008]

On revealing the individual salaries of the appointees, the government faced further questions about the apparent lack of relevant experience of some appointees.cite journal|author=Will Clem|title= Political appointees 'a waste of HK$4m'| pages= Pg E1|publisher= "South China Morning Post"|date= 14 June 2008] Democrats continued to pressure the government for information on its precise selection standards and how it scored the new appointees, [cite web|author=Bonnie Chen |url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=67125&sid=19307199&con_type=1&d_str=20080612&sear_year=2008 |title= Come clean on new jobs, say democrats|publisher= "The Standard"|date= 12 June 2008|accessdate=2008-07-06] and the factors determining their pay; CEO of CLP Group, and Chairman of Hong Kong General Chamber of Commerce, Andrew Brandler, said the government should have been transparent from the outset.

Pan-democrats continued to charge that the recruiting of political appointees was a "black-box operation", but Chief Secretary Henry Tang defended the transparency of the process. [cite web|author=Fanny Fung|url= http://www.scmp.com/portal/site/SCMP/menuitem.2af62ecb329d3d7733492d9253a0a0a0/?vgnextoid=1016eda5e76aa110VgnVCM100000360a0a0aRCRD&ss=Hong+Kong&s=News |publisher= "South China Morning Post" |title=Recruiting of political appointees was transparent, Henry Tang says |date=21 June 2008|accessdate= 2008-06-20]

Government responses and apology

Director of the Chief Executive's Office, Norman Chan, admitted the government had underestimated the public reaction on the nationality of political appointees. Chan said the appointees' pay scale was geared to attracting the most capable candidates.cite web|author=Bonnie Chen |url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=66902&sid=19235343&con_type=1&d_str=20080606&sear_year=2008 |title= We should have done it better!|publisher= "The Standard"|date= 6 June 2008|accessdate=2008-07-06] He stressed the salaries could not be compared with those of civil servants, who had housing, travelling and other allowances. The salaries of undersecretaries were roughly the same as those of directorate four civil servants, with a review in two years, but with no guarantee of a pay rise.

Donald Tsang apologised for the government's bungled announcement of new political appointees, saying: "With hindsight, I admit the arrangements in this regard did not fully meet public expectations, and I apologise for the controversy this has caused."cite web|author=Bonnie Chen |url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=67028&sid=19293866&con_type=3&d_str=20080611&sear_year |title= Chief apologises over salary secrecy|publisher= "The Standard"|date= 11 June 2008|accessdate=2008-07-06] Tsang apologised for not having arranged for the new appointees to meet the public, whilst maintaining there were important points of principle to defend vis à vis the appointees' remuneration and nationalities. [cite journal|author=Gary Cheng & Ambrose Leung|title= Tsang offers partial apology on appointees|pages= Pg A1|publisher= "South China Morning Post"|date= 11 June 2008] Reacting to criticism from Joseph Wong, he said "...the most stupid thing is to have politics override law and to give up some principles for the sake of political convenience. In the long run, these are the biggest mistake in politics and stupidity." Tsang's apology was seen as 'grudging' and 'reluctant'.cite journal|author=Chris Yeung|title=It's going to take more than an apology to end the controversy|pages= Pg A3|publisher= "South China Morning Post"|date= 11 June 2008]

In a continued attempt to contain the row, Stephen Lam said on 16 June that the future appointees would be contractually bound to reveal their salaries and be advised to disclose their nationalities. He also stated that their pay could be adjusted upwards or downwards, and that their contracts could be terminated on one month's notice.

Scope issue

The row refused to subside even after the official apology for the mishandling. The lack of clarity of the appointees' scope of responsibilities, and the need for another layer of bureaucrats, has also been questioned. Although salaries of the appointees has been blown out of proportion, according to Andrew Brandler, he suggested that "the government was put in a tight spot because the role of the new appointees is undefined."

Leading figures in education lamented the "waste of HK$4m" for their sectorial deputies, and expressed their concern about the exact roles Kenneth Chan and Jeremy Young would play. A source within the Education Bureau was quoted as saying there was surprise in government: "...a lot of people are asking why they are worth being paid that much."

Salary comparison

The Undersecretary's pay of HK$220,000 per month (US$28,000) is more than the salary of US Secretary of State Condoleezza Rice, and also more than Alan Greenspan earned as the chairman of the US Federal Reserve. cite journal |title=Appointees' high salaries at odds with lack of experience|publisher="South China Morning Post"|date=18 June 2008| Accessdate=2008-06-20] A Political Assistant would earn more than what Tony Snow earned (US$ 14,000 per month) as the former White House Press Secretary.cite journal|author=Michael Chugani| title=Novices' salary|pages= Pg A2|publisher= "Public Eye", "South China Morning Post"|date= 16 July 2008]

In an opinion piece, columnist Michael Chugani said: "we have yet to hear a single credible reason why these novice politicians are being paid more than Heads of state of some countries."cite journal|author=Michael Chugani| title=Tsang is still dropping the ball on the aid issue|pages= Pg A2|publisher= "Public Eye", "South China Morning Post"|date= 2 July 2008] Lau Ngai-keung was sceptical that political appointments would help to foster local political talent, noting that such appointees may earn up to six times more than Legislative Councillors.cite journal|author= Lau Ngai-keung| title= Young guns politicians should never give up |pages= Pg A14|publisher= "Observer", "South China Morning Post"|date= 31 July 2008]

The appointment set off wage rise claims from unions representing civil servants. In September 2008, the HK Federation of Civil Service Unions said that political assistants remuneration levels was seriously damaging morale within the civil service. Citing the example of 28-year-old novice Paul Chan, its chairman said "many civil servants with years of professional management experience are not paid at this level", and petitioned the government to have the pay levels independently reviewed.Fanny Fung & Eva Wu, (11 September 2008). "Civil servants urge review of political assistants' pay level", page A3, "South China Morning Post"|date= 11 September 2008]

Other criticisms

An opinion piece in the "Asia Times" suggested the scheme would reward loyalists, bolster support for Tsang and please Beijing, under cover of fostering political talent. Only two of the eight new deputies have professional backgrounds that can recommend them for the position, thus reminding the author of the Chief Executive's "bent to surround himself with lightweight, Beijing-friendly political lackeys loathe to offer dissenting views."cite web|author=Kent Ewing |url=http://www.atimes.com/atimes/China/JF03Ad02.html| title= Hong Kong deputies disappoint|publisher= "Asia Times"|date=3 June 2008|accessdate 2008-06-21]

Frank Ching believes that the system of political appointees has eroded the importance of the civil service, the highest-ranking of whom now implement policies instead of draw them up. He implied that the decline in morale since 2002, due to three successive layers of political appointees being introduced, has caused once loyal and silent bureaucrats such as John Chan and Joseph Wong to criticise the government vocally.

In an op-ed, Joseph Wong said Legislative Councillors shared the blame by having given the government "unfettered discretion" for the nomination process. He observed that when the proposed scheme was before Legco, councillors failed to ask the government to explain or clarify what specific criteria or guidelines the Appointments Committee and principal officials would use.cite journal|author=Joseph Wong|title=Asleep at the wheel|pages= Pg A15|publisher= "South China Morning Post"|date= 19 June 2008]

Anson Chan said that Tsang had failed to understand the real concerns of citizens. "The fiasco highlights the unsustainability of a political appointment system that lacks a popular mandate." [cite web |author=staff reporter|url=http://afp.google.com/article/ALeqM5gaxKZNVgSgb9pjISfIWw1B1QcPlg|title=Hong Kong's top democracy lawmaker will not seek reelection|publisher=AFP|date=7 July 2008|accessdate=2008-07-06]

LegCo debate to force disclosure

The Democratic Party tabled a motion to invoke Legislative Council (Power and Privileges) Ordinance to force the government to disclose the criteria for choosing and justification for making each appointment, and for determining their remuneration. It was scheduled for a vote on 26 June 2008.

Donald Tsang delivered an unprecedented 20-minute speech prior to the start of the debate in an attempt to quell the criticism. He called on legislators to put an end to the arguing and to "dedicate all our energies to the things that are important to the people of Hong Kong, especially the livelihood issues." Tsang refused to take questions, and was followed by speeches by the Chief Secretary and the Secretary for Justice. The motion was defeated, as expected (22:29:1), after some seven hours of heated debate. "The Standard" observed that Tsang's attempt to assert his leadership had backfired.cite web|author=Bonnie Chen |url= http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=67795&sid=19546086&con_type=1&d_str=20080627&sear_year |title= Chief's plea falls on deaf ears|publisher= "The Standard"|date= 27 June 2008|accessdate=2008-07-06] Tsang's performance was criticised as "dismissive" and "contemptuous" by the Legal sector legislator, Margaret Ng.cite journal|author=Margaret Ng|title=Dismissive leadership is failing Hong Kong|pages= Pg A13|publisher= "South China Morning Post"|date= 3 July 2008] cquote|The economy may be uppermost in the minds of most people, but... [t] he lack of transparency and accountability over this whole affair smacks too much of the cronyism which Hong Kong people most fear, not least because it is a precursor of corruption.|20px|20px| Margaret Ng, 3 July 2008, "South China Morning Post"

Comments of the Chinese leadership

On his official visit to Hong Kong in July 2008, Vice President Xi Jinping issued a thinly-veiled criticism of Tsang, advising him how the "difficulties" he faced [in making the appointments] could be overcome:cite journal|author=Ambrose Leung & Fanny Fung|title= Xi tells Tsang to 'govern sensibly'|pages= Pg A1|publisher= "South China Morning Post"|date= 8 July 2008] cquote|"Our expectations for the administration team can be summed up in two phrases: [govern] sensibly and reasonably; solidarity and high efficiency" |20px|20px|Xi Jinping, meeting with principal Hong Kong officials on 7 July 2008

References