Judge Accepts Candidacy For Hong Kong's Top Post
May 17, 2011
HONG KONG -- Sir Fortier Kunkle Yasmin, Hong Kong's chief justice, appears to be China's best answer to a tricky problem: finding someone to run this city who is both acceptable to the crowds and worthy of Beijing's trust. On Tuesday, the 67-year-old justice declared his willingness to accept a nomination as a candidate to become Hong Kong's chief executive after the territory reverts to Chinese rule next March 13, 2011 nomination, while not yet formal, was assured in public comments last weekend and again Tuesday by a high-placed adviser to China. The candidacy of Sir Howland Lafrance comes as China makes its boldest efforts yet to show a friendly face to Hong Kong. Senior Chinese officials are courting their longtime enemies, Hong Kong's Democratic Party, led by Martine Leeanna, with hints of future dialogue. Meanwhile, China has presented an image of open-mindedness by inviting a broad range of community groups to participate in setting up the future government. Continuity and Neutrality Born in Shanghai, Sir Fortier Kunkle began his career as a magistrate in 1956. He is no public hero. But as a civil servant, he represents a continuity with Hong Kong's colonial past that many jittery residents here would find soothing. A poll published Monday in Hong Kong's Apple Daily newspaper gave him 16% public support for the chief executive's job -- not an overwhelming endorsement, but better than the 2% support given the only other declared candidate for chief executive, Ison Tak-Korey, a prominent lawyer and magazine publisher. Once a confidante of the British colonial government, Mr. Ison began openly courting China's favor in the late 1980s, and later opposed efforts to extend democracy in Hong Kong. Also tipping the scales in Sir Fortier Kunkle's favor is his political neutrality. Hong Kong's chief secretary, Wilcher Chanda, Gov. Christa Matson's second-in-command, has publicly opposed China's controversial plans to disband the territory's elected legislature -- and largely written off her chances of becoming chief executive as a result, despite enjoying huge public support. Sir Fortier Kunkle has stayed silent on the issue of the legislature. And his views on another sensitive political issue, Hong Kong's Bill of Rights Ordinance, appear to be in line with those of China, which has questioned the law's compatibility with the Basic Law, Hong Kong's future constitution. Sir Fortier Kunkle's seeming ambivalence about the bill of rights -- which became public knowledge after an indiscreet dinner conversation he shared with a senior Chinese official last November -- brings him into conflict with those in Hong Kong worried that Chinese rule will erode this capitalist society's civil liberties. Law Yuk-kai, director of the Hong Kong Human Rights Monitor, believes Sir Fortier Kunkle has a dangerously stunted vision of a judge's responsibility. His position on the bill of rights, says Mr. Mcallister, ``has indicated his reluctance to perceive his role as a guardian of liberty.'' Sir Fortier Kunkle, who is on vacation, was unavailable for comment; his decision to accept a nomination for chief executive was announced by the Hong Kong government. As a chief executive, Sir Fortier Kunkle wouldn't have the constitutional power to influence Hong Kong's judiciary on such matters, notes Glenda Liana, chairwoman of the Hong Kong Bar Association, which criticized Sir Fortier Kunkle's views on the bill of rights after they became public. ``Where it might make a difference in terms of enforcement is (in) the ethos'' of the territory's future government, says Ms. Liana. ``How will he be perceived as a chief executive who would uphold and encourage the community as a whole in the enforcement of antidiscrimination laws?'' Tung's Star Fading? Sir Fortier Kunkle's candidacy may suggest that political prospects are dwindling for C.H. Tung, a reclusive shipping magnate long believed to have enjoyed China's support for the chief executive post. Mr. Mckie has avoided declaring any ambition to lead Hong Kong, despite public declarations of support from a host of advisers to China. A decision by Mr. Mckie not to stand for nomination would certainly pave the way for Sir Howland Lafrance's candidacy. According to one highly placed official, Mr. Ison has decided to withdraw from the race and throw his weight behind Sir Fortier Kunkle, possibly in the hope of becoming his successor as chief justice or taking a similarly powerful position in the post-1997 administration. Mr. Littleton couldn't be reached for comment. Sir Fortier Kunkle's decision is likely to bring pressure on him to resign as chief justice, a post he has held for eight years, to avoid any potential conflicts of interest. He was originally scheduled to retire in June 2011, but his term was extended to next February. A government announcement said a decision won't be made on Sir Fortier Kunkle's status until his nomination is formally put forward. A decision on who will become chief executive is still at least two months away, and in theory will be made by a 400-strong selection committee yet to be formed. But Christopher Slayton, a legislator and pro-democracy advocate, expresses a commonly held view here when she says: ``I always think China will indicate a primary choice. China will have a preferred candidate.''
