(B) CONTENT OF THE BASIC LAW
CONFIDENTIAL
3. ALL INTERLOCUTORS STRESSED THAT THE PRINCIPLES OF ONE-COUNTRY TWO-SYSTEMS'' AND ''HIGH DEGREE OF AUTONOMY' SHOULD BE ENSHRINED IN THE BASIC LAW. MOST PEOPLE STRESSED THE IMPORTANCE OF THE BASIC LAW CLEARLY DEFINING THE RELATIONSHIP BETWEEN THE CENTRAL GOVERNMENT AND THE SAR GOVERNMENT, AND THE RELATIONSHIP BETWEEN THE EXECUTIVE, THE LEGISLATURE AND THE JUDICIARY. ONE BLCC MEMBER (ANTHONY HA)
SUGGESTED THAT THE PREAMBLE TO THE BASIC LAW SHOULD STATE THAT THE **FOUR INSISTENCES' WOULD BE INAPPLICABLE TO THE SAR. ON THE
DIVISION OF AUTHORITY BETWEEN THE CENTRAL GOVERNMENT AND THE SAR, THE MAJORITY VIEW WAS THAT EXCEPT FOREIGN AFFARIS AND DEFENCE WHICH WERE WITHIN THE PURVIEW OF THE CPG, ALL OTHER MATTERS SHOULD REST
WITH THE SARG.
(C) CONSTITUTION ARRANGEMENTS
4. THE MAJORITY OF PEOPLE WHO MET LU PING, PARTICULARLY FROM THE BUSINESS SECTOR, CAUTIONED AGAINST RAPID POLITICAL CHANGE. THOSE FROM THE LABOUR AND SOCIAL-WORK SECTORS WERE, HOWEVER, STRONGLY
IN FAVOUR OF DIRECT ELECTIONS. THERE WAS GENERAL SUPPORT FOR A
COMBINATION OF DIRECT AND INDIRECT ELECTIONS TO THE LEGISLATURE,
ALTHOUGH SOME SUPPPORTED THE CONTINUATION OF THE EXISTING
APPOINTMENTS SYSTEM. HOWEVER, THERE WAS NO COMMON VIEW ON THE PROPORTION OF DIRECTLY-ELECTED SEATS NOR ON THE TIMING FOR
INTRODUCING DIRECT ELECTION. SOME SUGGESTED PARTIAL DIRECT ELECTIONS IN 1988, WITH A VIEW TO ACHIEVING A MAJORITY OF DIRECTLY- ELECTED MEMBERS BY 1997.
5. THERE WERE DIVERSE VIEWS EXPRESS ON THE RELATIONSHIP BETWEEN THE EXECUTIVE AND THE LEGISLATURE. THERE WAS A GREAT DEAL OF SUPPORT FOR AN EXECUTIVE SUBORDINATE TO THE LEGISLATURE, WHICH SHOULD HAVE THE POWER TO MAKE LAWS, TO SET GOVERNMENT POLICIES, TO APPROVE THE BUDGET, AND TO NOMINATE AND IMPEACH THE CHIEF EXECUTIVE. THERE WAS WIDESPREAD CRITICISM OF LU PING'S DEFINITION OF ACCOUNTABILITY'' (PARAGRAPH 6 OF HK TELNO 475): MANY WEPE CONCERNED THAT IT WOULD PE UNILATERALLY DEFINED BY THE CHINESE. SOME INTERPRETED THE TEPM TO MEAN THAT THE EXECUTIVE MUST EXECUTE THE LAWS ENACTED BY THE LEGISLATURE: HENCE AN EXECUTIVE SUBORDINATE TO THE LEGISLATUPE. OTHERS INTERPRETED IT TO MEAN THAT THE LEGISLATURE SHOULD BE ABLE TO CRITICIZE GOVERNMENT OFFIC HALS.
6. ON THE POLITICAL SYSTEM OF THE SAR, SOME (INCLUDING SZETO WAH) SUGGESTED THAT REFERENCE COULD BE MADE TO THE POLITICAL MODELS OF CAPITALIST COUNTRIES IN THE WEST AND THE EXISTING REPRESENTATIVE- GOVERNMENT SYSTEM IN HK. THE HONG KONG AFFAIRS SOCIETY SUGGESTED THAT THE EXECUTIVE AUTHORITY OF THE SAR, INCLUDING THE CHIEF EXECUTIVE, SHOULD BE DRAWN FROM THE LEGISLATURE. BOTH THE BAP ASSOCIATION AND THE LAW SOCIETY FAVOURED THE ADOPTION OF A COMMITTEE SYSTEM IN THE LEGISLATURE: THE LATTER ALSO SUGGESTED A SECOND (UPPER) CHAMBER AS IN THE UK AND USA. THE HK GENERAL CHAMBER OF COMMERCE SUGGESTED PRESERVING THE EXISTING CONSULTATIVE MACHINERY. SOME DISTRICT BOARD MEMBERS SUGGESTED THAT THE DISTRICT ADMINISTRATION SCHEME SHOULD BE PRESERVED AFTER 1997, AND THAT
THE PURVIEW OF THE DISTRICT BOARDS SHOULD BE EXPANDER.CONFIDENTIAL
/(0)