But many anxious questions spring to mind to which no satisfactory answers have been
given as yet. For instance:
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Will the essential elements of the Basic Law be enshrined in the Sino-British Agreement? If not, would not the British Government run the risk of signing an agreement which the Chinese side may later unilaterally alter on the grounds that it is in conflict with the Basic Law?
In the final analysis, the more detailed the Agreement, the more that the Basic Law is compatible with it and the more binding it is in form, the more likely that the people of Hong Kong will find it acceptable in the belief that the Chinese are more likely to honour it. Thus, if the Agreement is to be signed before the Basic Law is promulgated, should not Parliament withhold ratification until the details of the Basic Law are known?
Even so, given the historical reality that Hong Kong has developed over many years. as a recognisable community in its own right, with its own distinctive life-style,
surely Hong Kong people have the right to ask for assurances that any Agreement entered into between the British and Chinese Governments will be honoured? That is to say, should not the British Government insist on a mechanism which will ensure that the agreement is faithfully implemented?
To this end, should not Britain insist on retaining some residual status in Hong Kong beyond 1997 to provide re-assurance that the terms of the Agreement will be kept?
Given the possibility that the Chinese authorities will seek to anticipate 1997 and start interfering with the administration of Hong Kong between now and then, will the British Government insist that it must retain effective control, as the sovereign power, during the next 13 years? If effective control is not exercised by the Hong Kong Government under the authority of HMG, a smooth transition up to, let alone stable government beyond, 1997 will not be possible for Hong Kong people will not feel it is worthwhile even to try to adjust to their new circumstances. A collapse of confidence before 1997 would make Hong Kong virtually ungovernable. For example, the allegiance of the police and the civil service will be seriously impaired. Quite apart from the disastrous effect on the people of Hong Kong, this would be as embarrassing to the British Government as a ruined economy would be disappointing to the Chinese Government.
About half of Hong Kong's present population of 5.3 millions came to Hong Kong from China to seek a better life here. They do not relish the thought of a return to Chinese Communist rule. But what of the rest of the population? They are British nationals by birth (a small number by naturalisation) holding British passports with a right of abode in the British Dependent Territory of Hong Kong. Parliament may cede sovereignty over the territory, but it cannot, by the same act, deprive British nationals of their national status. What then will be the fate of Hong Kong's BDTCs? How will their rights and status be preserved? How will BDTCs continue to enjoy British protection? Will they, and other Hong Kong belongers who cannot accept the idea of living under Communist authority, have a right to settlement in the United Kingdom and should not the British Government negotiate settlement places for them?