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FROM THE CHAIRMAN                                             October 2003 Issue


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Consultation Process
a (Crowded) Two-way Street

Each year, your Chamber submits to various government offices a host of consultation papers. These documents are aimed at presenting the business community's perspective on existing or pending changes to the rules and regulations governing our society.

As such, they are an important part of the process by which decisions are made, to the benefit of both members and policy makers.

Certainly, on major issues the consultation process is a key mechanism through which government receives in-put and refines its proposals. When policy is made by civil servants and appointed officials, rather than elected representatives, this kind of consultation is a vital ingredient in securing community support for new policy initiatives.

The process starts with an idea on how to make things better that is fleshed out in a draft position paper. Public views are invited and considered during a specific consultation period, and the policy is then adopted, amended or postponed. In most matters, the process works very well, giving the public an opportunity to comment while avoiding policy paralysis.

In some cases, such as the Article 23 national security legislation, there needs to be a deeper and more detailed consultation process. This is what your Chamber advocated. As we saw this year, policies of great public interest need considerable planning and preparation, followed by patient dialogue.

Certainly not all changes to regulations or proposed laws need an extended debate. Yet, unintended consequences resulting from small changes may be brought to light early in the process, thereby avoiding possible conflicts when the public is finally made aware of the proposals.

Take the case of tighter permanent residency and work visa rules for expatriates' dependants, for example. Every society needs to manage immigration and make sure the rules are equitable, and one of the key attractions Hong Kong has as a business center is the ease with which people from all over the world may be employed.

New rules were introduced on July 1 that require dependent visa holders' spouses to obtain their own visas to work, study or open a business in the SAR. Several of the foreign chambers of commerce here in Hong Kong brought to our attention the side-effects of these tighter rules. If a prospective foreign employee has an easy time obtaining a work visa, but decides not to take the job because his or her spouse is unable to work, our ability to attract the best and brightest people suffers. And among the unintended consequences -- and one that might have been avoided through consultation -- is the loss of competent teachers. By one estimate, as many as 15 percent of English Schools Foundation teachers may be affected by this new ruling. Clearly, this policy needs to be reconsidered.

A second case shows the need for an adequate consultation period. In June this year, the Companies (Amendment) Bill 2003 was put out for public consideration. The bill itself is 91 pages long and the Legislative Council Brief 217 pages. As it concerns shareholders' rights and directors' responsibilities, it is of great interest to a wide spectrum of society.

To gain an understanding of this piece of legislation would require reading more than 300 pages of dense legal prose. Other bills in the works include changes to copyright and construction laws, and it isn't difficult to imagine that each might involve similar documentation. Might it not be more reasonable, therefore, for the deadline for public submissions to be, perhaps, six months, rather than 90 days?

The process of two-way consultation is one of the most valuable aspects of good government in Hong Kong. It allows the public to know what is happening, before it takes place. It allows government to draw on the expertise of a wide range of interested parties. It ensures a degree of representation in the policy making process. And, given an early start to the process and sufficient time to consider the implications of proposed changes, consultation results in better legislation. In addition, government needs to acknowledge whatever group first proposes new ideas that are later adopted. That gives an "inclusive" feel to policy making and brings allies to the government side early in the game.

Perhaps the most important consultation on the horizon is the discussion on Hong Kong's constitutional development, particularly the method of electing the Chief Executive and Legco. The government has promised a very full consultation process, with an objective of moving towards more democratization over time, but in a manner that fits the circumstances of Hong Kong and is in accordance with the Basic Law. Managing this consultation process well will be important not only for securing the right outcome but also for maintaining a harmonious and cooperative mood in society at large.

The Chamber's submissions are posted on our web site, and I invite you to examine them and to let us know what you think.

Anthony Nightingale
Chairman
HKGCC


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