UNCERTAINTY,ACCULTURATION, AND CORRUPTION IN HONG KONG

This article assesses how the integration of Hong Kong with China affects the problem of corruption in Hong Kong. In addition to the increased opportunities for corruption due to the growing presence of Chinese investments in Hong Kong and the incessant social and economic interaction between the two regions, this article focuses on the impact of uncertainty and acculturation arising from this integration. Moral control of corruption is hampered as people feel uncertain about their future and succumb to the temptation to earn quick money. Hong Kong businessmen have also been involved in the process of acculturation, i.e., adapting to the corrupt business culture on the Mainland. The power of the ICAC, as the major means of external control of corruption, has also been questioned due to human rights concerns caused by political uncertainty. This article argues that reconstituting the legitimacy of the government and resolving the uncertainty clouding the community will be a necessary step to strengthen popular confidence in the new government and its anticorruption endeavors.     

CHALLENGES AND ADJUSTMENTS IN POLICY PRINCIPLES IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION

This article discusses issues that challenged the principles of policy development in the Hong Kong Special Administrative Region (HKSAR) after the transfer of sovereignty. It first examines the traditional paradigms of public administration in Hong Kong and assesses their strengths. Then it analyses the problems and pressures confronted by the new HKSAR government, focusing on eight problem areas and five dilemmas in the two-year period after 1997. Challenges and adjustments in policy principles in the new political setting are identified, and the critical success factors for public administration are re-visited.     

TOWARDS AN ACCOUNTABLE AND QUALITY PUBLIC ADMINISTRATION IN HONG KONG: REDRESSING ADMINISTRATIVE GRIEVANCES THROUGH THE OMBUDSMAN

ABSTRACT

Following considerable public pressure, in 1989, the Hong Kong government followed many other countries and established an Ombudsman. The establishment of the post has to be seen in the context of the political awakening of Hong Kong and demands for a more accountable and client-oriented public service. Previously, complaints of maladministration in Hong Kong were dealt with under a diffuse and fragmentary system which lacked effective powers. Effective legal action against the government for maladministration is also severely constrained by a number of factors. This article traces the growth of the Ombudsman concept and jurisdiction in Western countries over the last few decades and outlines the structure and jurisdiction of the Ombudsman's office in Hong Kong by way of comparison. The effectiveness of the Hong Kong Ombudsman is then evaluated by a detailed analysis of his achievements over the last ten years in combating maladministration, and his role in three high profile cases. These cases also elucidate some of the limitations inherent in the Ombudsman's role. Lastly the future of the Ombudsman in Hong Kong is explored. It is concluded that the Office of Ombudsman has scored initial success in Hong Kong public administration, and has enhanced government efficiency as well as satisfying public needs and filling a major gap in the system of public redress. However, problems of continuing resources and mapping out a sustainable ethos remain.     

THE PROBLEM OF LEGITIMACY FOR THE POST-HANDOVER HONG KONG GOVERNMENT

The much-publicized reversion of Hong Kong's sovereignty to China on July 1, 1997, has been hailed as a success by many. Politically, it has been pointed out that Hong Kong has scarcely changed since the handover. Nevertheless, the alleged successful transition has also witnessed a number of economic, social, and political crises. Drawing on systematically collected longitudinal data of public opinion, this paper tries to answer two important questions: first, has the quasibureaucratic-authoritarian political structure of the post transition government experienced a “legitimation problem,” i.e., a rejection of the political structure as a whole. And second, does social discontent directed at incumbent government officials represent strong bottom-up pressure for faster democratization? The longitudinal data suggest that even when public confidence in the HKSAR government dropped to its lowest level in June 1998, there was no evidence to suggest the quasi-bureaucratic authoritarian system had a legitimation problem, nor was there strong public pressure demanding rapid democratization. The demand for changing the political system has seldom been treated as an important personal concern during the transitional period. While social and economic issues have been of great personal concern for most Hong Kong people, very few of them have demanded democratic changes as a way of restoring confidence. Pressure for bottom-up democratization remains low.     

THE PARTICIPATORY AND DEMOCRATIC POTENTIAL AND PRACTICE OF INTEREST GROUPS: BETWEEN SOLIDARITY AND REPRESENTATION

Embracing ‘groups’ as means to address democratic deficiencies invites scrutiny of their democratic practices. However, many groups lack internal democratic practices and offer few opportunities for affiliates to participate. Guided by an implicit ‘representation’ narrative of groups, the absence of internal democratic practices is interpreted as a sign of ‘failure’ or ‘deficiency’. Some scholars have entertained the idea of setting minimum standards of internal democracy as a prerequisite for policy access. This article scrutinizes this emerging consensus and its ‘representation’ narrative. Drawing upon the work of O’Neill (2001) and Pitkin (1967) , it is argued that groups can also be viewed through a lens of solidarity. This paper argues that the type of constituency a group advocates for can be used to calibrate expectations of internal democratic structures of accountability and authorization. The concepts of ‘representation’ and ‘solidarity’ are used to make sense of the (changeable) practices of a variety of groups.     

SIMILAR PROBLEMS,DIFFERENT SOLUTIONS: COMPARING REFUSE COLLECTION IN THE NETHERLANDS AND SPAIN

Because of differences in institutional arrangements, public service markets, and national traditions regarding government intervention, local public service provision can vary greatly. In this paper we compare the procedures adopted by the local governments of The Netherlands and Spain in arranging for the provision of solid waste collection. We find that Spain faces a problem of consolidation, opting more frequently to implement policies of privatization and cooperation, at the expense of competition. By contrast, The Netherlands, which has larger municipalities on average, resorts somewhat less to privatization and cooperation, and more to competition. Both options—cooperation and competition—have their merits when striving to strike a balance between transaction costs and scale economies. The choices made in organizational reform seem to be related to several factors, among which the nature of the political system and the size of municipalities appear to be relevant.     

LAW,LEGITIMACY, AND EUROPEAN GOVERNANCE. FUNCTIONAL PARTICIPATION IN SOCIAL REGULATION

LAW, LEGITIMACY, AND EUROPEAN GOVERNANCE. FUNCTIONAL PARTICIPATION IN SOCIAL REGULATION
Stijn Smismans
Oxford University Press, 2004, 519 pp., £60 (hb) ISBN: 0199270309     

POLITICAL DISCOURSE AND PATH SHAPING IN PUBLIC POLICY: COMPARING PENSION REFORMS IN GREECE AND ITALY

Which factors account for successful policy reform and what role does discourse play in the process? This article examines this empirical puzzle with reference to the issue of Greek reform failure. A matched comparison with Italy in the area of pensions reveals the salience of path shaping and the use of political discourse in narrowing down reform options and facilitating change. The Greek case of limited public information, incoherent preparation of the problem, and inner‐circle decision‐making, is contrasted with the Italian government's information‐sharing and consensus‐building campaign for the establishment of a pro‐reformist discourse. Findings confirm the salience of institutional conditions but suggest that pure institutionalist accounts premised on rational choice thinking and the power of veto players should be complemented with more agency‐driven accounts of public policy.     

A PROLEGOMENON TO THE STUDY OF THE ROLE OF RHETORIC IN THE GARBAGE-CAN POLICY PROCESS: THE CASE OF HONG KONG'S POSITIVE NON-INTERVENTIONISM

This article analyzes the Hong Kong government's policy making process from the garbage-can perspective. Despite the official claim that the principle of positive non-interventionism has been consistently adhered to, Hong Kong policy makers have been strategically employing positive non-interventionism as rhetoric in legitimizing what they choose to do or not to do in an ad-hoc manner. As a result, be it under colonial rule or Chinese sovereignty, Hong Kong has been governed like an “organized anarchy.” Indeed, playing with the rhetoric of positive non-interventionism has become the identity of Hong Kong policy makers. This argument is illustrated with a review of Hong Kong's industrial policy making from the pre-war period to the present.     

CHANGES IN PUBLIC SERVICE BARGAINS: MINISTERS AND CIVIL SERVANTS IN DENMARK

The concept of public service bargain (PSB) has been reintroduced in recent times to the study of public administration to analyse the division of roles between ministers and the civil service in the context of public service reforms ( Hood 2000, 2001, 2002 ; Hood and Lodge 2006 ). The empirical investigation of the concept of PSB in general and changes in PSBs in particular is, however, limited. This article addresses this limitation by investigating what causes changes in public service bargains, particularly with respect to the provision of advice. As argued by Hood, we demonstrate how changes in PSBs can be explained by a combination of changes in the environments of ministries as well as the interests of the political actors. Furthermore, we point to the professional qualifications of civil servants as well as their interests as causes of change which, until now, have not received sufficient attention in the PSB literature. The article is based on a longitudinal case study of PSB between ministers and the permanent civil service in Denmark.     

CONTRACTING IN THEORY AND IN PRACTICE: SOME EVIDENCE FROM THE NHS

The contract is the main mechanism for governing transactions within public sector'quasi markets'. This article explores the nature of the contracting process in the light of new empirical data from a qualitative study of the development of contracting for hiv / aids services within the National Health Service. These data are compared with four possible models of the contracting process emerging from the academic literature, classical, relational, regulated and pseudo contracting.
The White Paper on the nhs reforms uses a classical concept of contracting, in which purchasers are represented as making well informed and unrestricted choices between competing options. This bore little relation to the process observed within the four purchasing organizations studied. Instead, elements of all the models were observed, with the dominance of any one model varying with different situations, times and localities. Competition was only patchily evident, with purchasers more commonly encouraging co-operative relationships between providers to preserve stability. Attempts to utilize the contract process to mould and reconfigure services were often hampered by restrictions imposed by regulations and slow implementation of new mechanisms. Contracting was also adversely affected by rapid organizational change and lack of adequate information. It is concluded that contracting in the nhs is an evolving process and has yet to achieve its full potential as a management mechanism.     

CHANGE IN THE CIVIL SERVICE: RETROSPECT AND PROSPECTS

The type of civil service modelled on the principles of the Victorian reformers survived virtually unscathed into the post-1945 era of the welfare state and managed economy. Criticism of its qualities and performance resulted in a programme of changes associated principally with the Fulton Report (1968). This initial reform phase identified a shift to more active management of personnel, resources and policies as the primary need, but its practical effects were muted by optimistic assumptions relating to the rate of economic growth and the benefits to be derived from continued extension of governmental responsibilities. Since 1979 the context of civil service reform has changed, imposing much stronger pressure in favour of a managerialist view of civil service functions, of a career in the civil service, and of the ethos of the profession. Despite ambiguities of purpose and constraints within the political system the course of change is likely to continue in the direction, pointing towards a civil service substantially different at the end of the century from that which has been familiar in British thinking about the character and status of officials.     

PUBLIC MANAGEMENT AND POLITICS: SENIOR BUREAUCRATS IN FRANCE

Why is new public management reform so difficult to implement in France? In order to answer this question, this article examines the changes that have affected the higher civil service since the late 1970s. Decision‐making networks have been considerably politicized, and public policies are now largely devised by ministerial cabinets staffs. Simultaneously, the tasks of career senior civil servants are increasingly technical and specialized. The management reforms undertaken since 2002 by an economically liberal government might have offered senior bureaucrats the opportunity to regain a more active professional role, but the reforms run counter to their political culture, since the large majority of them still share a leftwing political ideology. Reformers seem to have no other choice than to change the institutional system in order to resolve this contradiction.