Mr. Tim Eggar/
Hong Kong
genuinely explained. All
15 JULY 1988
countries and territories.
including Hong Kong, operate rules controlling the level of immigration, but we are examining this concern as a matter of priority.
The major preoccupation of this debate has under- standably been a discussion of the Basic Law. Hon. Members on both sides raised the question of it consistency with the joint declaration. Much of the draft reproduces provisions of the joint declaration, often word for word, but some parts of the joint declaration are couched in very general terms. It would be possible to give effect to the declaration in more than one way, so consistency is much more complicated than any single assessment would make it out to be. We do not want to come to premature conclusions. We will listen carefully to all the views that are expressed in the House about Hong Kong and so, I am sure, will the Chinese authorities.
Hon. Members on both sides of the House have referred to concern about the judicial system. We welcome the provisions in the draft Basic Law for the continuation of Hong Kong's common law system-article 8 -- and for an independent judiciary in articles 18 and 84. We note that there is provision for final judgment to be vested in Hong Kong.
We are well aware of concerns in Hong Kong that the provisions in the present draft on the relationship between central and local authorities on judicial and legislative matters are not yet quite right. My right hon. and learned Friend the Foreign Secretary referred to those provisions. as did many hon. Members on both sides of the House. These are articles 16, 17, 18, 169, 170 and 172. These are especially complex issues and I do not have time to comment on the detailed proposals that have been made. However, we shall consider the proposals carefully and draw them to the attention of the Chinese authorities. We welcome the statement by Chinese officials who have visited Hong Kong that they have taken careful note of the comments that have been made on these articles. I understand that a considerable revision of article 18 has been mooted.
We have taken careful note of the concern that has been
expressed about the phrase in article 17 this is in addition to other laws-that gives expression to national unit and territorial integrity. We recognise the need for certain so-called nationwide statutes to apply to Hong Kong. My right hon. Friend the Member for Blackpool. South suggested that all relevant laws should be listed in an annexe to the Basic Law, and we consider that to be an avenue that will bear further consideration.
The right hon. Member for Manchester, Gorton (Mr. Kaufman) and the hon. Member for Wrexham (Dr. Marek), among others, commented on whether the Executive is properly accountable to the legislature. It is not apropriate. lock, stock and barrel, to import into Hong Kong a system that is practised elsewhere outside Hong Kong. We know that Hong Kong has a different political tradition from other countries. We believe that future arrangements in the SAR should involve the present system, which has worked well and is suited to Hong Kong's unique circumstances.
Hong Kong
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Hon. Members on both sides of the House have expressed some concerns about the provisions on the economy--for example, a balanced budget and a low- tax policy. It has been suggested that the provisions should be drafted as guidelines rather than as legally binding stipulations. That may be something that should be pursued.
Concern has been expressed about the human right provisions and their inclusion in the Basic Law. It is not clear at this stage whether concern about possible conflicts between international conventions and articles 38 and 39 is a matter of substance or more a matter of drafting. Chinese officials have indicated that there is no intention to impose greater restrictions on human rights than those that now exist. We think that it should be possible to devise drafting improvements that will resolve the issue.
A number of hon. Members mentioned the need for an authentic English text of the Basic Law. There is considerable force in the argument for such a text, and a recent statement by Chinese officials suggests that they are now fully siezed of the importance of having one available. A major theme of the debate has been the need for confidence. Several hon. Members referred to the important task of sustaining confidence in Hong Kong and we are firmly committed to that. I assure the House that we shall uphold our responsibilities to Hong Kong and its people until the last day of British sovereignty over the territory. We have no intention of washing our hands of Hong Kong. We shall not walk away from the problems of transition. On the contrary, we shall stay to tackle them in co-operation with the Hong Kong Government. An equal responsibility lies with the Chinese Government, and I have no doubt that they acknowledge and respect that fact.
In our many contacts with the Chinese authorities, a central theme has been the need to monitor and sustain confidence among the people of Hong Kong. We have emphasised to the Chinese that it is crucial to get the Basic Law right and to respond fully to the anxieties that have been expressed in Hong Kong and voiced today in the House. We have stressed that the first draft of the Basic Law must be amended to take account of genuine anxieties.
For their part, the Hong Kong Government continue to lay a firm foundation for Hong Kong's future prosperity. There are massive investment and development plans afoot to improve the quality of life and to underpin the territory's booming economic growth. For all that to work the people of Hong Kong must have confidence in themselves. Of course, they have their doubts about the future, and we understand those doubts. The future is mapped out-
It being half-past Two o'clock the motion for the Adjournment of the House lapsed, without Question put.
Ordered,
BUSINESS OF THE HOUSE
That, at the sitting on Tuesday 19th July. Motions in the name of Mr. Neil Kinnock relating to Housing and Social Security may be procceded with, though opposed, for one and a half hours after the first of them has been entered upon; and if proceedings thereon have not been previously disposed of, Mr. Speaker shall then put successively the Question already proposed from the Chair and the Questions on such of the remaining motions as may be made.--[ Mr. Dorrell.]
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