FINAL PART OF TWO
CONFIDENTIAL
HONG KONG AGREEMENT : RESTRICTED : LU PING'S VISIT.
11. FREEDOM OF THE PRESS WAS EMPHASIZED BY THE HONG KONG
JOURNALISTS ASSOCIATION. CRITICISMS WERE MADE OF LU PING'S
STATEMENT THAT FREEDOM OF THE PRESS WOULD BE MAINTAINED PROVIDED
THAT THE PRINCIPLE OF CHINA'S SOVEREIGNTY OVER HK WOULD NOT BE
VIOLATED. THEY CLAIMED THAT THIS WOULD IN EFFECT LIMIT PRESS
FREEDOM SINCE IT WOULD BE DIFFICULT TO DEFINE SOVEREIGNTY'
AND VIOLATION'. DIFFERENT VIEWS, HOWEVER, WERE EXPRESSED ON
WHETHER A NEW SET OF PRESS LAWS SHOULD BE DRAWN UP AFTER 1997: SOME
WERE WORRIED THAT SUCH LAWS WOULD BE LIKELELY TO LIMIT PRESS
FREEDOM.
12. LIN LIN-SANG OF THE GRAZIERS UNION SAID THAT, THE BASIC LAW
SHOULD STATE THEIR RIGHT OF INDIGENOUS NEW TERRITORIES VILLAGERS
AND NEW TERRITORIES RESIDENTS WHO HAVE EMIGRATED TO PERMANENT
RESIDENCY IN HONG KONG, THEIR POLITICAL RIGHTS AND THEIR RIGHT OF
POSSESSION. THE HEUNG YEE KUK ALSO EMPHASIZED THAT THE TRADITIONAL
BENEFITS AND CUSTOMS OF THE VILLAGES IN THE NEW TERRITOPIES SHOULD
REMAIN UNCHANGED, AND THAT THE INTERESTS OF NEW TERRITORIES
RESIDENTS SHOULD BE GUARANTEED UNDER THE BASIC LAW.
13. WOMEN'S REPRESENTATIVES SUGGESTED TO LU PING THAT EQUAL RIGHTS
AND EQUAL PAY AND TREATMENT FOR WOMEN SHOULD BE INCLUDED IN THE
BASIC LAW.
(G) LEGAL AND JUDICIAL SYSTEMS
14. AN ACADEMIC SAID THAT CASES WHICH HAD BEEN TRIED IN HONG KONG
SHOULD NOT BE RE-TRIED ON THE MAINLAND, AND THAT HONG KONG PEOPLE
WHILE IN HONG KONG SHOULD ABIDE BY HONG KONG LAWS ONLY AND SHOULD
NOT BE PENALIZED EVEN IF THEY VIOLATE MAINLAND LAWS. A GROUP OF
STUDENTS SUGGESTED THAT THE CHINESE GOVERNMENT SHOULD NOT DIRECTLY
MAKE LAWS FOR HONG KONG: LAWS CONCERNING FOREIGN AFFAIRS AND
DEFENCE WHICH ARE WITHIN THE DOMAIN OF THE CENTRAL GOVERNMENT COULD
BE ENACTED BY THE LOCAL LEGISLATURE ON THE ADVICE OF THE CENTRAL
GOVERNMENT. A LAW LECTURER IN HKU ALSO SUGGESTED THAT THE HK SAR
SHOULD HAVE THE AUTHORITY TO MAKE EXTRADITION TREATIES WITH OTHEP
COUNTPIES.
15. IN A DISCUSSION ON THE TRANSLATION OF HK LAWS INTO CHINESE
WITH JUSTICE T.L. YANG, LU PING WAS TOLD THAT ONE OF THE DIFFICULTIES
IN THIS EXERCISE WAS THE LACK OF DIRECTLY CORRESPONDING LEGAL TERMS
IN HONG KONG AND CHINA. WHILE ONE SCHOOL OF THOUGHT WAS THERE THERE
NEED NOT BE COMPLETE CONVERGENCE OF JUDICIAL EXPRESSIONS IN HK AND
CHINA, OTHERS THOUGHT IT IMPORTANT THAT HK LAW IN CHINESE SHOULD BE
FULLY UNDERSTANDABLE TO MAINLAND JUDGES. MP. T.L. YANG ALSO STRESSED
HIS VIEW THAT ENGLISH MUST BE THE MAIN VEHICLE FOR EXPRESSING
COMMON LAW AND THAT TRANSLATION OF THE BODY OF COMMON LAW INTO
CHINESE WOULD PRESENT SUBSTANTIAL DIFFICULTY.
-4-CONFIDENTIAL
1 (H) EDUCATION