| 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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