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Chief executive is damned if he acts, damned if he doesn't
ANALYSIS by CHRIS YEUNG
2006-11-25

Chief Executive Donald Tsang Yam-kuen is caught between a rock and a hard place after the failure of Ching Cheong to overturn his conviction in a Beijing court on a spying charge.

With no possibility of a further appeal through the mainland's judicial system, pressure will mount on Mr Tsang to step up political manoeuvring among state leadership to resolve Mr Ching's plight.

It has already begun.

Last night the journalist's family members and friends, supported by politicians, staged a rally to vent their frustration and anger.

Earlier in the day, Ong Yew-kim, a mainland legal expert at the Chinese University, pointed the finger at the government for its passive approach. He said it was using the one country, two systems policy as a pretext not to do more.

For its part, the government made no bones about the constitutional constraints that it sees as tying its hands.

Under the one country, two systems policy, it would not comment on the mainland's judicial system and court decisions, a spokesman said. He said the government had provided all possible practical assistance to Ching and would continue to do so.

Taking that view, the government could only play the role of messenger, delivering communications from Ching's family to the mainland authorities.

Confronted by a judicial system that is somewhat arbitrary and lacking in transparency, it may be in no better position than an ordinary citizen to get more information about the case.

But unlike an ordinary citizen, it is critically aware of the constitutional and political sensitivity of the case and does not want to be seen to be interfering with the mainland's judicial process.

To do so would run the risk of undermining the delicate relations between the mainland and Hong Kong and set a precedent with profound implications for the one country, two systems arrangement.

Much as they might understand Mr Tsang's dilemma, many people still hope that he can use his influence to stop Ching from being another victim of the mainland's system.

What, if anything, Mr Tsang has done about the Ching case in his meetings with Beijing leaders is unclear. What is clear, however, is that it will remain a political hot potato for the chief executive until the patriotic journalist is freed.

 

Copyright (c) 2000. South China Morning Post Publishers Ltd. All rights reserved.

 

 

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