Friday Beyond Spotlights - Ms Maria Tam, the woman behind and beyond the spotlights

Friday Beyond Spotlights is an all-new and all-star English talk show aired every Friday at 8:30 pm on Hong Kong International Business Channel (#76). The light-hearted and informative programme, hosted by Mr Patrick Tsang On-yip and Mr Nick Chan Hiu-fung, invites leading minds and game changers in Hong Kong to share their views and insights on topical issues, and their experience in grasping opportunities and tackling challenges.

The fourth episode, hosted by Mr Chan, features Ms Maria Tam Wai-chu, GBM, GBS, CBE, JP, barrister and Deputy Director of the Hong Kong Basic Law Committee of the Standing Committee of the National People’s Congress. Tam evaluates the past, present, and future of the ‘One Country, Two Systems’ in Hong Kong, reveals her first-hand experience drafting the Hong Kong Basic Law, and discloses what went on behind the scenes during the creation of the Hong Kong Special Administrative Region.

The gift of democracy under ‘One Country, Two Systems’

The ‘One Country, Two Systems’ policy was, as Tam explains, originally conceptualised for Taiwan. By allowing for the co-existence of both socialist and capitalist systems in one country, it provided an answer to the national longing for a peaceful reunification of China. The policy was applied to Hong Kong on its return to China in 1997, and is enshrined in the Basic Law as a constitutional principle of the Hong Kong Special Administrative Region.

The changeover in sovereignty was a watershed for Hong Kong. “Under British colonial rule, there was no democracy and only few checks and balances,” she notes. “The Governor, appointed by the British Monarch, was also the President of the Legislative Council and Commander-in-Chief of the British forces in Hong Kong. He had total administrative power as he had the authority to appoint all members of Executive and Legislative Councils.”

“It was the Basic Law, given to us by the Central government, that laid the groundwork for greater democracy,” Tam remarks. “It sets out that the Chief Executive will ultimately be elected by universal suffrage upon nomination by a broadly representative committee. Universal suffrage will also be applied to the election of the whole legislature.”

Furthermore, the Basic Law provides for inclusive voting rights. “As long as you have the right of abode in Hong Kong, you can vote in our elections, which is freer than anywhere else in the world,” she adds.

A well-developed system of interpretation

As the Hong Kong Basic Law is a national law of China, passed by the National People’s Congress, the power of interpretation of the Basic Law is vested in the Standing Committee of the National People’s Congress. Yet, in line with the ‘One Country, Two Systems’ principle, courts in Hong Kong are given independent judicial power to interpret Basic Law provisions that are within the limits of the autonomy of the Region. “This system of interpretation, based on the practice of the Court of Justice of the European Union (CJEU), ensures that ‘One Country, Two Systems’ is fully implemented and upheld according to the Constitution and the Basic Law,” Tam elucidates.

Reflecting on the past 25 years, Tam declares that the ‘One Country, Two Systems’ has been a success for Hong Kong. “We ranked 16th globally for our Rule of Law, and for over 10 years, we have also been ranked as the freest economy in the world,” she states. “Hence, I am confident that Hong Kong will continue to thrive under ‘One Country, Two Systems’ for years to follow.”

Driven by a simple commitment

As a member of the Hong Kong Basic Law Drafting Committee, Tam was committed to using her position to champion the interest of Hongkongers. “Although the drafting process was fraught with challenges, especially over the conflict of laws, I never gave up on my goal of creating an optimal legal framework for Hong Kong to continue flourishing,” she notes.

One of Tam’s most significant contributions was resolving the fundamental question of the relationship between the Constitution and the Basic Law. “There is no doubt that the Constitution must apply to Hong Kong,” she asserts. “But I suggested the formulation of Article 11, which states that the systems practised in Hong Kong, as well as the fundamental rights and freedoms of its residents, must be safeguarded.”

In the four years and eight months of drafting, Tam has also established great understanding and comradeship with her fellow committee members, further aiding Hong Kong’s development alongside its motherland. “Many of us ended up manging Hong Kong’s affairs at the national or local level, which enhances cooperation between the Central and Hong Kong governments,” she explains.

Based on her extensive experience in constitutional matters, Tam is fully confident that the Central Government will honour the ‘One Country, Two Systems’ policy adopted at the National People’s Congress, and that Hong Kong will thrive under the Chinese flag in its continuous role as an international hub. To the young people of Hong Kong, she advises, “Plan every minute and work for your dreams, the people you care for, and the betterment of the world. You’ll be amazed at the result.”

Staying true to her values and promise

Looking back at her accomplishments as a lawyer and a politician, Tam expresses gratitude to her parents for the values they instilled in her. “My father, a policeman, taught me to be a law-abiding and public service-minded citizen, while my mother taught me to take care of others whenever and wherever possible,” she says. One of her most prized possessions is a watch given to her by her mother 56 years ago. “She presented it to me when I left for England to study law. It was an emblem of my promise to be a barrister when I return,” she reveals. “And I did it – I kept my promise, and I kept the watch. Although my mother left us in 2012, she is with me all the time. Where I am, she is.”

To watch the video, visit Friday Everyday YouTube Channel – Friday Beyond Spotlights Ep.4 l Maria Tam.

Part 1: https://youtu.be/m5UtBkPgMM8

Part 2: https://youtu.be/gT6Dy7pPwaM