Principal Officials Accountability System
Encyclopedia
Principal Officials Accountability System , commonly referred to as the Ministerial system, sometimes the Accountability system, was introduced in Hong Kong by Chief Executive
Tung Chee Hwa
in July 2002. It is a system whereby all principal officials
, including the Chief Secretary, Financial Secretary, Secretary for Justice and head of government bureaux would no longer be politically neutral career civil servants. Instead, they would all be political appointees chosen by the Chief Executive.
Under the new system, all heads of bureaux would become Ministers, members of the Executive Council
, a refashioned cabinet. They would report directly to the Chief Executive instead of the Chief Secretary or the Financial Secretary.
POAS was portrayed as the key to solving previous administrative problems, notably the lack of cooperation of high ranking civil servants with the Chief Executive. The changes were introduced by Tung at the beginning of his second term, with the hope of resolving difficulties he faced in governance.
It was expanded and superseded by the Political Appointment System in 2008.
, with the executive and legislative councils, all of whose members were appointed by the Governor. A web of advisory boards and committees, served to support and supplement policies, thereby giving the system some sense of elite participation and endorsement.
The Sino-British Joint Declaration
and the Basic Law
had assumed the continuity of a bureaucracy-led government to preserve continuity of the government machine. Under this system, only the Chief Secretary, Financial Secretary
and Secretary for Justice
were ex-officio members of the Executive Council
(EXCO); Unofficial members were majority in the council. Thus principal officials during the last British administration stayed in their original portfolios. In effect, the first non-colonial administration was a coalition government with top bureaucrats headed by then Chief Secretary for Administration
, Anson Chan
.
The “short pile” scandal shows that the government and the Chief Executive fail to hold top civil servants, namely permanent secretary, accountable. Being the top of bureaucracy, permanent secretary no longer maintain political neutrality as they are bridging public and lower civil servants’ suggestion and giving advices to directors and executives; practically they are holding power for policy-making. Political neutrality is seen as an unwritten convention to promote impartiality within government and it is “the fundamental value for good governance ” as bureaucrats are not elected, they are not meant to represent popular interest and do not capture the mandate to exert any kind of power. Yet, power is exercised and no mechanisms of accountability can hold them fully accountable as, firstly, the Legislative Council can hold answerability by inviting them into enquiry sessions,passing a motion for non-confidence does not entails dismissal nor disciplinary action as it is not stated in the Basic Law or any statute; secondly, they are not members of the Executive Council and not administratively accountable to the Chief Executive.
----
On 10 October 2001 Tung outlined an accountability system under which principal officials would serve no longer than the Chief Executive who appointed the official. Sixteen government bureaux would be consolidated into 11, and bureau heads not appointed as ministers would be retitled 'Permanent Secretaries. The principal officials would be the Chief Secretary, Financial Secretary, Secretary for Justice and Directors of the 11 Bureaux, who could be selected from within or outside the civil service. Under this system, the Chief Executive is able to appoint the Secretaries of Department and the Directors of Bureau directly and they are withdrawn from the civil service and would be employed on contract. They would be appointed by the Central Government on the recommendation of the Chief Executive. To allay fears of the threat to civil service neutrality, the Secretary for Civil Service would be a civil servant.
After the introduction of the POAS, the Chief Executive would appoint all principal officials to Exco under the new accountability system, and Exco would become a small enough to be an effective decision-making body, a de facto 'cabinet', bearing collective responsibility for all policy decisions. Only a few full-time non-officials retained as "ministers-without-portfolio", thus aiming to achieve policy coherence and co-ordination within government.
The system is aimed at raising the accountability of the civil service, so the political appointees are responsible for all their job aspects and will step down if they make any failure. "Certainly, the officials should be responsible for the success and failure for the policies for which they are responsible," Tung said
", would work to their respective principal officials under the accountability system, and would not have to shoulder the public responsibility for the performance of the bureaux. Cash remuneration package for principal officials under the accountability system would be in the region of $3.74 million, $3.87 million, $4.01 million and $4.15 million per annum for Directors of Bureau, SJ, FS and CS respectively.
On 24 June 2002, Tung announced the composition of his new cabinet, to be in place for the start of his second five-year term on 1 July. Tung heralded this as the "dawning of a new era for the governance of Hong Kong... and more accountable to the people of Hong Kong." He added: "Ours will be an open, enlightened and progressive government."
, suggested that it may be a silent political revolution in disguise.
Professor DeGolyer of Baptist University
echoed concerns that the proposals would severely weaken Hong Kong's system of checks and balances. He feared that as bureau heads would no longer report through the Chief Secretary and Financial Secretary, senior civil servants' career protections would be more vulnerable to the Chief Executive's pressure. The Chief Executive is required, by Article 56 of the Basic Law, to state for the record his reasons for rejecting a majority opinion of Exco members. The changes sought to Exco, previously dominated by civil servants, would remove one further constraint to the power of the Chief Executive. Furthermore, as Political secretaries would also have a say over who will become their permanent secretaries, a toadying culture among civil servants towards their political masters would be created.
(DAB) and the Liberal Party, resulting in a clear division of the political spectrum – the pro-government camp, and the anti-government camp led by the Democratic Party
(DP).
As a result of the appointment of the heads of the Liberal Party
and DAB to the Executive Council to form a "ruling alliance, the pro-democracy parties and individuals
were marginalised.
and Anthony Leung.
In 2004, academic think-tank headed by Anthony Cheung published a survey on POAS. Overall, many respondents felt "regression in the governance of the Tung administration, with no significant improvements being made in the past 12 months," Cheung said. Alex Chan, social science lecturer at Hong Kong Polytechnic University
, said the survey results showed the accountability system remained a mystery to the public, particularly among the middle class and professionals. In the wake of the forced resignations of Yeoh, Ip and Leung due to public pressure, Tung said that the POAS history was very short, but vowed to strengthen the system.
In 2008, political commentator Frank Ching remarked: "six years after the system was introduced, we have yet to see a minister voluntarily resign to take political responsibility for anything."
to “investigate himself” after SARS, as a way to hold the secretary accountable, yet, absurdly, the government’s later report declared that no officials should step down for the outbreak of SARS. He resigned solely because of public pressure.
made a proposal to cancel listings of companies trading below HK$0.50 for 30 straight days. On the day of its announcement, panic selling
caused a loss of HK$10 billion in the local stock market. Seventeen companies' shares lost more than 30 per cent of their value, and about HK$6 billion in market capitalisation was wiped off 105 listed companies. While a government enquiry absolved the ministers, and put the blame on HKEx Chief Executive, legislators criticised the government for avoiding responsibility, and cast doubt on the effectiveness of the accountability system. Lee Cheuk-yan said: "[l]imited by the authority and terms of reference, the report did not make a detailed study of the accountability for the incident." Public urged the two principal officials, Anthony Leung and the Secretary for the Financial Services and Treasury Frederick Ma, to bear responsibility.
The Standard revealed that some government officials argued there was no need to apologise because the report did not single Ma out for criticism. Government legal experts had cautioned that such an apology would set a bad precedent and could spark litigation. Ma did apologise, under clamour of public pressure.
Anthony Leung came under severe criticism in March 2003 when it was revealed that he bought a HK$790,000 (US$101,282) Lexus LS 430
vehicle, just weeks before he raised the tax on new vehicles in his budget.
Leung denied that he was trying to avoid the new tax, which would have cost him an additional HK$50,000. Leung claimed that he had decided on the tax increase after buying the car. News of the car purchase sparked fury at Leung's conflict of interest, and concerns over his integrity for failing to declare his purchase to Exco. When it was revealed that James Tien
, Stephen Lam
and Yeoh Eng-kiong
had also declared their purchases at the relevant meeting while Leung had not, Legislators were suspicious of a cover-up.
Tung Chee Hwa defended Leung's integrity, saying that although Leung had breached the Code of Conduct under the accountability system, but believed Leung did not intend to cover up. Tung did blame Leung for failing to tell him when or after he bought the new car, but added that "[w]hether or not he made a declaration at the Exco meeting was relatively unimportant." Leung tendered his resignation, which Tung refused to accept.
, held from 17 October to 11 November 2003, was part of a HK$1 billion program to revive the economy after SARS. The event was a Government underwritten, and organised by InvestHK
, under the auspices of the Economic Relaunch Working Group, in collaboration with the American Chamber of Commerce. The event and its organisation, which resulted in massive cost overruns and $100 million in government underwriting, was heavily criticised in the media.
According to Christine Loh
, the changes to civil servants' responsibilities and accountability a result of political appointments did not stop Mike Rowse, a senior civil servant from being made a scapegoat of political failure in the case. Frank Ching pointed to the huge credibility gap
of the government. He decried the attempt by Henry Tang
to shift political responsibility from himself, as the relevant minister, to a senior civil servant, as a travesty of justice, and said it went against the Accountability System.
Chief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
Tung Chee Hwa
Tung Chee Hwa
Tung Chee Hwa, GBM was the first Chief Executive and President of the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China....
in July 2002. It is a system whereby all principal officials
Principal officials of Hong Kong
Principals officials , as according to the Basic Law, are government officials that are nominated by the Chief Executive and appointed by the Central People's Government of the People's Republic of China. They include secretaries of departments and secretaries of policy bureaux...
, including the Chief Secretary, Financial Secretary, Secretary for Justice and head of government bureaux would no longer be politically neutral career civil servants. Instead, they would all be political appointees chosen by the Chief Executive.
Under the new system, all heads of bureaux would become Ministers, members of the Executive Council
Executive Council of Hong Kong
The Executive Council of Hong Kong is a core policy-making organ in the executive branch of the government of Hong Kong.. The Chief Executive of Hong Kong serves as its President.The Executive Council normally meets once a week...
, a refashioned cabinet. They would report directly to the Chief Executive instead of the Chief Secretary or the Financial Secretary.
POAS was portrayed as the key to solving previous administrative problems, notably the lack of cooperation of high ranking civil servants with the Chief Executive. The changes were introduced by Tung at the beginning of his second term, with the hope of resolving difficulties he faced in governance.
It was expanded and superseded by the Political Appointment System in 2008.
Background
After the transfer of sovereignty, Hong Kong inherited the colonial system that all positions in the government were filled by civil servants. The historical bureaucracy was necessitated by the nature of colonial rule. Government policies and legislations were all dominated by the bureaucracy, led by the GovernorGovernor of Hong Kong
The Governor of Hong Kong was the head of the government of Hong Kong during British rule from 1843 to 1997. The governor's roles were defined in the Hong Kong Letters Patent and Royal Instructions...
, with the executive and legislative councils, all of whose members were appointed by the Governor. A web of advisory boards and committees, served to support and supplement policies, thereby giving the system some sense of elite participation and endorsement.
The Sino-British Joint Declaration
Sino-British Joint Declaration
The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret...
and the Basic Law
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
had assumed the continuity of a bureaucracy-led government to preserve continuity of the government machine. Under this system, only the Chief Secretary, Financial Secretary
Financial Secretary (Hong Kong)
Financial Secretary , often abbreviated as FS, is a position of the Government of Hong Kong. The FS assists the Chief Executive in supervising the policy bureaux as directed by the CE, mostly finance and economy-related, and plays a key role in ensuring harmonisation in policy formulation and...
and Secretary for Justice
Secretary for Justice
The Secretary for Justice is a member of the Hong Kong Government responsible for prosecutions and legal matters. He or she heads the Department of Justice....
were ex-officio members of the Executive Council
Executive Council of Hong Kong
The Executive Council of Hong Kong is a core policy-making organ in the executive branch of the government of Hong Kong.. The Chief Executive of Hong Kong serves as its President.The Executive Council normally meets once a week...
(EXCO); Unofficial members were majority in the council. Thus principal officials during the last British administration stayed in their original portfolios. In effect, the first non-colonial administration was a coalition government with top bureaucrats headed by then Chief Secretary for Administration
Chief Secretary for Administration
The Chief Secretary for Administration , commonly known as Chief Secretary and abbreviated as CS, is the second highest position of the Hong Kong Government...
, Anson Chan
Anson Chan
Anson Maria Elizabeth Chan Fang On-sang GBM GCMG CBE JP was a member of the Legislative Council of Hong Kong for Hong Kong Island, succeeding the late legislator Ma Lik....
.
The change rationale
Since the reversion to China, there has been an erosion of the running principles of the Executive Council (Exco) – some Exco members have violated the "collective responsibility" principles, namely being unsupportive to the decisions made by Exco. See this as the cause of many of his policy failures such as the "85,000 Housing Reform", Tung introduced POAS in 2002 to remedy the weaknesses as he perceived of the Hong Kong government.The “short pile” scandal shows that the government and the Chief Executive fail to hold top civil servants, namely permanent secretary, accountable. Being the top of bureaucracy, permanent secretary no longer maintain political neutrality as they are bridging public and lower civil servants’ suggestion and giving advices to directors and executives; practically they are holding power for policy-making. Political neutrality is seen as an unwritten convention to promote impartiality within government and it is “the fundamental value for good governance ” as bureaucrats are not elected, they are not meant to represent popular interest and do not capture the mandate to exert any kind of power. Yet, power is exercised and no mechanisms of accountability can hold them fully accountable as, firstly, the Legislative Council can hold answerability by inviting them into enquiry sessions,passing a motion for non-confidence does not entails dismissal nor disciplinary action as it is not stated in the Basic Law or any statute; secondly, they are not members of the Executive Council and not administratively accountable to the Chief Executive.
----
On 10 October 2001 Tung outlined an accountability system under which principal officials would serve no longer than the Chief Executive who appointed the official. Sixteen government bureaux would be consolidated into 11, and bureau heads not appointed as ministers would be retitled 'Permanent Secretaries. The principal officials would be the Chief Secretary, Financial Secretary, Secretary for Justice and Directors of the 11 Bureaux, who could be selected from within or outside the civil service. Under this system, the Chief Executive is able to appoint the Secretaries of Department and the Directors of Bureau directly and they are withdrawn from the civil service and would be employed on contract. They would be appointed by the Central Government on the recommendation of the Chief Executive. To allay fears of the threat to civil service neutrality, the Secretary for Civil Service would be a civil servant.
After the introduction of the POAS, the Chief Executive would appoint all principal officials to Exco under the new accountability system, and Exco would become a small enough to be an effective decision-making body, a de facto 'cabinet', bearing collective responsibility for all policy decisions. Only a few full-time non-officials retained as "ministers-without-portfolio", thus aiming to achieve policy coherence and co-ordination within government.
The system is aimed at raising the accountability of the civil service, so the political appointees are responsible for all their job aspects and will step down if they make any failure. "Certainly, the officials should be responsible for the success and failure for the policies for which they are responsible," Tung said
Implementation
Tung presented a framework for the system to Legco in April 2002. It was announced that the appointees would report directly to the Chief Executive. They would leave the civil service, and be employed on contract. The civil service would remain permanent, meritocratic and politically neutral. The highest ranking civil servants would be re-titled "Permanent SecretariesPermanent Secretary
The Permanent secretary, in most departments officially titled the permanent under-secretary of state , is the most senior civil servant of a British Government ministry, charged with running the department on a day-to-day basis...
", would work to their respective principal officials under the accountability system, and would not have to shoulder the public responsibility for the performance of the bureaux. Cash remuneration package for principal officials under the accountability system would be in the region of $3.74 million, $3.87 million, $4.01 million and $4.15 million per annum for Directors of Bureau, SJ, FS and CS respectively.
On 24 June 2002, Tung announced the composition of his new cabinet, to be in place for the start of his second five-year term on 1 July. Tung heralded this as the "dawning of a new era for the governance of Hong Kong... and more accountable to the people of Hong Kong." He added: "Ours will be an open, enlightened and progressive government."
| Romanised name | Chinese name | age at appointment | Portfolio | Prior occupation |
|---|---|---|---|---|
| Donald Tsang Yam-kuen Donald Tsang Sir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong.... |
曾蔭權 | 58 | Chief Secretary for Administration Chief Secretary for Administration The Chief Secretary for Administration , commonly known as Chief Secretary and abbreviated as CS, is the second highest position of the Hong Kong Government... (CS) |
|
| Anthony Leung Kam-chung | 梁錦松 | 50 | Financial Secretary Financial Secretary (Hong Kong) Financial Secretary , often abbreviated as FS, is a position of the Government of Hong Kong. The FS assists the Chief Executive in supervising the policy bureaux as directed by the CE, mostly finance and economy-related, and plays a key role in ensuring harmonisation in policy formulation and... (FS) |
|
| Elsie Leung Oi-see Elsie Leung Elsie Leung Oi-sie, GBM JP, was the Secretary for Justice of Hong Kong from 1997 to 2005, and was a member of the Executive Council of Hong Kong. She was succeeded by Wong Yan Lung, SC, on 20 October 2005.-Education:... |
梁愛詩 | 63 | Secretary for Justice Secretary for Justice The Secretary for Justice is a member of the Hong Kong Government responsible for prosecutions and legal matters. He or she heads the Department of Justice.... (SJ) |
|
| Joseph Wong Wing-ping Joseph Wong Joseph Wong Wing Ping GBS JP was the Secretary for Commerce, Industry and Technology and the Secretary for the Civil Service in the Hong Kong Special Administrative Region of the People's Republic of China.... |
王永平 | 54 | Secretary for Civil Service | |
| Henry Tang Ying-yen Henry Tang Henry Tang Ying-yen, GBM, GBS, JP was the Chief Secretary for Administration of Hong Kong until his resignation in September 2011. He is a candidate in the Hong Kong Chief Executive election of 2012, and believed to be preferred by Beijing.... |
唐英年 | 50 | Secretary for Commerce, Industry and Technology Secretary for Commerce, Industry and Technology The Secretary for Commerce, Industry and Technology of the Hong Kong Government was responsible for promoting the manufacturing, trade, commerce and technology sectors in Hong Kong and foster relations with players in these sectors... |
Chairman, Federation of Hong Kong Industries |
| Stephen Lam Sui-lun Stephen Lam Stephen Lam Sui-lung GBS JP is the Chief Secretary for Administration of Hong Kong and formerly Secretary for Constitutional and Mainland Affairs.... |
林瑞麟 | 50 | Secretary for Constitutional Affairs Secretary for Constitutional Affairs The Secretary for Constitutional and Mainland Affairs is the head of the Constitutional and Mainland Affairs Bureau, which is responsible for promoting the Basic Law, constitutional affairs, electoral development, and coordinate liaison between the Hong Kong government and the relevant mainland... |
|
| Stephen Ip Stephen Ip Stephen Ip, GBS, JP is a former politician in Hong Kong, he was the Secretary for Economic Development and Labour for the Hong Kong Special Administrative Region from 2002 to 2007.... |
葉澍堃 | 50 | Secretary for Economic Development and Labour Secretary for Economic Development and Labour The Secretary for Economic Development and Labour was the head of the Economic Development and Labour Bureau of the Government of Hong Kong, which is responsible for economic development and labour issues in Hong Kong.... |
Secretary for Financial Services |
| Frederick Ma Si-hang Frederick Ma Frederick Ma Si-hang , is the chairman of a China Strategic Group . As a former Secretary for Commerce and Economic Development of the Hong Kong Special Administrative Region, he was a popular figure with the public and with legislators of all parties... |
馬時亨 | 50 | Secretary for Financial Services and the Treasury Secretary for Financial Services and the Treasury The Secretary for Financial Services and the Treasury , head of Financial Services and the Treasury Bureau of the Hong Kong Government, is responsible for the monitoring of financial services sector and maintaining the assets of the government.... |
Chief Financial Officer, PCCW PCCW PCCW Limited is the holding company of HKT Group Holdings Limited, Hong Kong's premier telecommunications provider in the Information and Communications Technologies industry. PCCW also holds a majority interest in Pacific Century Premium Developments Limited... |
| Sarah Liao Sau-tung Sarah Liao Dr. Sarah Liao Sau-tung, GBS, MBE, JP, FRSC was former Secretary for the Environment, Transport and Works of the Hong Kong Special Administrative Region and a member of the Executive Council of Hong Kong 2002... |
廖秀冬 | 51 | Secretary for the Environment, Transport and Works Secretary for the Environment, Transport and Works The Secretary for the Environment, Transport and Works , who heads the Environment, Transport and Works Bureau of the Hong Kong Government, is responsible for public works projects, transport related issues and environmental protection... |
MD of Greater China, CH2M Hill |
| Dr Patrick Ho Chi-ping Patrick Ho Dr Patrick Ho Chi-ping JP is an ophthalmologist, and Hong Kong's former Secretary for Home Affairs. From 1988-2000, he was Professor of Surgery at the Chinese University of Hong Kong.... |
何志平 | 52 | Secretary for Home Affairs Secretary for Home Affairs The Secretary for Home Affairs is the head of the Home Affairs Bureau of the Government of Hong Kong, which is responsible for local issues, and the provision of community, leisure, and cultural services.-List of office holders:*Donald Luddington 1971-1973... |
Chairman, Arts Development Council |
| Michael Suen Ming-yeung | 孫明揚 | 58 | Secretary for Housing, Planning and Lands Secretary for Housing, Planning and Lands The Hong Kong Secretary for Housing, Planning and Lands was the head of the Housing, Planning and Lands Bureau, which was responsible for urban planning policy, public housing and the management and selling of public lands... |
Secretary for Constitutional Affairs |
| Arthur Li Kwok-cheung Arthur Li Arthur Li Kwok-cheung GBS JP was a member of the Executive Council of the Hong Kong Special Administrative Region and Secretary for Education and Manpower from August 2002 to June 2007.... |
李國章 | 57 | Secretary for Education and Manpower Secretary for Education and Manpower The Secretary for Education is a principal official in the Hong Kong Government, who heads the Education Bureau . The current office holder is Michael Suen.-History:... |
Vice-Chancellor, Chinese University Chinese University of Hong Kong The Chinese University of Hong Kong is a research-led university in Hong Kong.CUHK is the only tertiary education institution in Hong Kong with Nobel Prize winners on its faculty, including Chen Ning Yang, James Mirrlees, Robert Alexander Mundell and Charles K. Kao... |
| Yeoh Eng-kiong Yeoh Eng-kiong Yeoh Eng Kiong was Secretary for Health and Welfare of Hong Kong between 1999 and 2002, and Secretary for Health, Welfare and Food and member of the Executive Council between 2002 to 2004.-Career:... |
楊永強 | Secretary for Health, Welfare and Food Secretary for Health, Welfare and Food The Secretary for Health, Welfare and Food was a ministerial position in the Hong Kong Government, who headed the former Health, Welfare and Food Bureau . It was replaced by Secretary for Food and Health on July 1, 2007.... |
Secretary for Health and Welfare | |
| Regina Ip Lau Suk-yee Regina Ip Regina Ip Lau Suk-yee, GBS JP is a member of the Legislative Council of Hong Kong , as well as the co-founder and current chairwoman of the New People's Party and Savantas Policy Institute.... |
葉劉淑儀 | 52 | Secretary for Security Secretary for Security The Secretary for Security is the member of the Hong Kong Government in charge of the Security Bureau, which is responsible for public safety, security, and immigration matters.... |
|
Concerns
The proposals raised concerns that Tung was moving the system towards one man rule. Dr Anthony Cheung, professor in public administration at the City UniversityCity University of Hong Kong
City University of Hong Kong is a comprehensive research university in Hong Kong. It was founded in 1984 as City Polytechnic of Hong Kong and became a fully accredited university in 1994. It has achieved fast growth in recent years and received international recognition for its academic achievements...
, suggested that it may be a silent political revolution in disguise.
Professor DeGolyer of Baptist University
Hong Kong Baptist University
Hong Kong Baptist University is a publicly-funded tertiary institution with a Christian education heritage. It is the sole surviving institution of 13 major Christian universities that once operated on the Chinese mainland,...
echoed concerns that the proposals would severely weaken Hong Kong's system of checks and balances. He feared that as bureau heads would no longer report through the Chief Secretary and Financial Secretary, senior civil servants' career protections would be more vulnerable to the Chief Executive's pressure. The Chief Executive is required, by Article 56 of the Basic Law, to state for the record his reasons for rejecting a majority opinion of Exco members. The changes sought to Exco, previously dominated by civil servants, would remove one further constraint to the power of the Chief Executive. Furthermore, as Political secretaries would also have a say over who will become their permanent secretaries, a toadying culture among civil servants towards their political masters would be created.
Lack of public consultation
There were criticisms from political observers of a lack of public consultation, then the legislation was rushed through.Political alliances
In preparation for the introduction of POAS, the Tung allied himself with the Democratic Alliance for the Betterment of Hong KongDemocratic Alliance for the Betterment of Hong Kong
Democratic Alliance for the Betterment and Progress of Hong Kong , formerly known as Democratic Alliance for the Betterment of Hong Kong, is the largest pro-Beijing political party in Hong Kong...
(DAB) and the Liberal Party, resulting in a clear division of the political spectrum – the pro-government camp, and the anti-government camp led by the Democratic Party
Democratic Party (Hong Kong)
The Democratic Party is a pro-democracy political party in Hong Kong. It was established on 2 October 1994. The party is currently the second largest party in the Legislative Council, headed by Chairman Albert Ho Chun-yan and, following the November 2008 merger with the Frontier, had around 745...
(DP).
As a result of the appointment of the heads of the Liberal Party
Liberal Party (Hong Kong)
Liberal Party is a business-friendly liberal conservative political party in Hong Kong.-Party beliefs:The party is known for its conservative and business-friendly policies. Despite being a political party friendly with Beijing, it fits in the centre-right political spectrum...
and DAB to the Executive Council to form a "ruling alliance, the pro-democracy parties and individuals
Pro-democracy camp
Pro-democracy camp, pan-democracy camp or pan-democrats refer to the politicians and social activists in Hong Kong who support increased democracy and may work together in areas of common interest or by not fielding candidates against one another in elections.Democratic activists are usually...
were marginalised.
Public perception
It is the belief of many Hong Kong people that under the POAS system, accountability actually decreased. Faith in the system, not high in the beginning already, fell to new lows in 2003, leading many people to dub the system AAS (Accountability Avoidance System). The protection Tung offered to his beleaguered officials was one of the factors that led to the 1 July protest in which hundreds of thousands of Hong Kong people participated. Only after the protest did Tung reluctantly accepted the resignation of Regina IpRegina Ip
Regina Ip Lau Suk-yee, GBS JP is a member of the Legislative Council of Hong Kong , as well as the co-founder and current chairwoman of the New People's Party and Savantas Policy Institute....
and Anthony Leung.
In 2004, academic think-tank headed by Anthony Cheung published a survey on POAS. Overall, many respondents felt "regression in the governance of the Tung administration, with no significant improvements being made in the past 12 months," Cheung said. Alex Chan, social science lecturer at Hong Kong Polytechnic University
Hong Kong Polytechnic University
The Hong Kong Polytechnic University specialises in professional education in Hong Kong. The University’s teaching units are grouped under six faculties and two schools; the Faculty of Applied Science and Textiles, Faculty of Business, Faculty of Construction and Environment, Faculty of...
, said the survey results showed the accountability system remained a mystery to the public, particularly among the middle class and professionals. In the wake of the forced resignations of Yeoh, Ip and Leung due to public pressure, Tung said that the POAS history was very short, but vowed to strengthen the system.
In 2008, political commentator Frank Ching remarked: "six years after the system was introduced, we have yet to see a minister voluntarily resign to take political responsibility for anything."
Management of SARS, 2002/3
Firstly, the former CE ordered the former Secretary of Health, Welfare and Food Yeoh Eng-kiongYeoh Eng-kiong
Yeoh Eng Kiong was Secretary for Health and Welfare of Hong Kong between 1999 and 2002, and Secretary for Health, Welfare and Food and member of the Executive Council between 2002 to 2004.-Career:...
to “investigate himself” after SARS, as a way to hold the secretary accountable, yet, absurdly, the government’s later report declared that no officials should step down for the outbreak of SARS. He resigned solely because of public pressure.
Penny stock delisting proposals, 2002
Secondly, in July 2002, Hong Kong Exchanges and Clearing Ltd.Hong Kong Exchanges and Clearing
Hong Kong Exchanges and Clearing Limited , also 香港交易所 or 港交所; abbreviated as HKEx; ) is the holding company for The Stock Exchange of Hong Kong Limited , Hong Kong Futures Exchange Limited and Hong Kong Securities Clearing Company Limited...
made a proposal to cancel listings of companies trading below HK$0.50 for 30 straight days. On the day of its announcement, panic selling
Panic selling
Panic selling is a wide-scale selling of an investment, in order to get out of an investment . The main problem is that investors react simply out of emotion and fear, without evaluating the fundamentals. Almost all market crashes are caused by panic selling. Most major stock exchanges use trading...
caused a loss of HK$10 billion in the local stock market. Seventeen companies' shares lost more than 30 per cent of their value, and about HK$6 billion in market capitalisation was wiped off 105 listed companies. While a government enquiry absolved the ministers, and put the blame on HKEx Chief Executive, legislators criticised the government for avoiding responsibility, and cast doubt on the effectiveness of the accountability system. Lee Cheuk-yan said: "[l]imited by the authority and terms of reference, the report did not make a detailed study of the accountability for the incident." Public urged the two principal officials, Anthony Leung and the Secretary for the Financial Services and Treasury Frederick Ma, to bear responsibility.
The Standard revealed that some government officials argued there was no need to apologise because the report did not single Ma out for criticism. Government legal experts had cautioned that such an apology would set a bad precedent and could spark litigation. Ma did apologise, under clamour of public pressure.
"Lexusgate"
Then Financial SecretaryFinancial Secretary (Hong Kong)
Financial Secretary , often abbreviated as FS, is a position of the Government of Hong Kong. The FS assists the Chief Executive in supervising the policy bureaux as directed by the CE, mostly finance and economy-related, and plays a key role in ensuring harmonisation in policy formulation and...
Anthony Leung came under severe criticism in March 2003 when it was revealed that he bought a HK$790,000 (US$101,282) Lexus LS 430
Lexus LS
The Lexus LS is a full-size luxury sedan that serves as the flagship model of Lexus, the luxury division of Toyota. Four generations of the sedan have been produced, all equipped with V8 engines and rear-wheel drive, although since 2006 all-wheel drive, hybrid, and long-wheelbase variants have also...
vehicle, just weeks before he raised the tax on new vehicles in his budget.
Leung denied that he was trying to avoid the new tax, which would have cost him an additional HK$50,000. Leung claimed that he had decided on the tax increase after buying the car. News of the car purchase sparked fury at Leung's conflict of interest, and concerns over his integrity for failing to declare his purchase to Exco. When it was revealed that James Tien
James Tien
James Tien Pei-chun GBS OBE JP is the former Chairman of the Liberal Party , a pro-business and pro-Beijing political party in Hong Kong, and former member of the Legislative Council of Hong Kong . He was also a member of the District Council of Hong Kong in the Central and Western district...
, Stephen Lam
Stephen Lam
Stephen Lam Sui-lung GBS JP is the Chief Secretary for Administration of Hong Kong and formerly Secretary for Constitutional and Mainland Affairs....
and Yeoh Eng-kiong
Yeoh Eng-kiong
Yeoh Eng Kiong was Secretary for Health and Welfare of Hong Kong between 1999 and 2002, and Secretary for Health, Welfare and Food and member of the Executive Council between 2002 to 2004.-Career:...
had also declared their purchases at the relevant meeting while Leung had not, Legislators were suspicious of a cover-up.
Tung Chee Hwa defended Leung's integrity, saying that although Leung had breached the Code of Conduct under the accountability system, but believed Leung did not intend to cover up. Tung did blame Leung for failing to tell him when or after he bought the new car, but added that "[w]hether or not he made a declaration at the Exco meeting was relatively unimportant." Leung tendered his resignation, which Tung refused to accept.
Harbour Fest, 2003
The Hong Kong Harbour FestHarbour Fest
The Hong Kong Harbour Fest , held from 17 October to 11 November 2003, was part of a HK$1 billion program to revive the economy of Hong Kong SAR after the SARS. It was a government underwritten event organised by InvestHK, under the auspices of the Economic Relaunch Working Group, in collaboration...
, held from 17 October to 11 November 2003, was part of a HK$1 billion program to revive the economy after SARS. The event was a Government underwritten, and organised by InvestHK
InvestHK
Invest Hong Kong is the department of the Hong Kong SAR Government responsible for Foreign Direct Investment, supporting overseas, Mainland and Taiwanese businesses to set up and expand in Hong Kong. The department provides free advice and customised services to help businesses succeed in the...
, under the auspices of the Economic Relaunch Working Group, in collaboration with the American Chamber of Commerce. The event and its organisation, which resulted in massive cost overruns and $100 million in government underwriting, was heavily criticised in the media.
According to Christine Loh
Christine Loh
- External links :* ] ]*...
, the changes to civil servants' responsibilities and accountability a result of political appointments did not stop Mike Rowse, a senior civil servant from being made a scapegoat of political failure in the case. Frank Ching pointed to the huge credibility gap
Credibility gap
Credibility gap is a political term that came into wide use during the 1960s and 1970s. At the time, it was most frequently used to describe public skepticism about the Lyndon B. Johnson administration's statements and policies on the Vietnam War...
of the government. He decried the attempt by Henry Tang
Henry Tang
Henry Tang Ying-yen, GBM, GBS, JP was the Chief Secretary for Administration of Hong Kong until his resignation in September 2011. He is a candidate in the Hong Kong Chief Executive election of 2012, and believed to be preferred by Beijing....
to shift political responsibility from himself, as the relevant minister, to a senior civil servant, as a travesty of justice, and said it went against the Accountability System.
Further development of political appointments
On 26 July 2006 the government released the Consultation Document on the Further Development of the Political Appointment System. Two new posts, Deputy Directors of Bureaus (DAB) and Assistants to Directors (AD) would be added to the political appointment layer. Each Director of Bureau would be assisted by the two new appointees and constitute the political team while the civil servants carry out the administrative and executive tasks of the Government. Like for the heads of Bureaux, these 2 new posts can also be drawn from within or outside the civil service, and appointees may be with or without political background.External links
- Government of HKSAR
- Organisation chart of Hong Kong Government
- Letter on Accountability System, from Joseph WongJoseph WongJoseph Wong Wing Ping GBS JP was the Secretary for Commerce, Industry and Technology and the Secretary for the Civil Service in the Hong Kong Special Administrative Region of the People's Republic of China....
, Civil Service Bureau, 17 April 2002 - Constitutional and Mainland Affairs Bureau: Accountability System for Principal Officials