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HONG KONG LEGISLATIVE COUNCIL
13 July 1988
1849
this time. The promotion period for the draft Basic Law has expired and there are only two more months to go for the consultation period. If more organised activities are not launched to gauge public views, I am afraid the so-called consultation procedure will be completed in a wishy-washy manner and the solicitation of opinion will just be empty talk.
I remember when the draft was first published, the relevant people thought very highly of it. However, it seems as if more and more people now begin to think that the draft is more insistent on the sovereignty that comes under one country and tends to restrict the high degree of autonomy that may be derived from the 'two systems'. I personally feel that, to the people of Hong Kong, whether the draft is acceptable or not will depend on whether the articles will enable the Hong Kong SAR to achieve a high degree of autonomy for the people here. One country is the reality, whereas two systems is the ideal. Undoubtedly, since 1984, the factor that has helped to maintain the confidence of future is a promise made by the Chinese Government that the people of Hong Kong will enjoy a high degree of autonomy. This is an ideal is not an illusion. This is a goal that can be achieved. Should the draft Basic Law contain too many articles emphasising the exercise of sovereignty and the power of the Central Government and show a lack of confidence in giving Hong Kong the autonomy that has been promised, the ideal held by the people will immediately be destroyed. Confidence will be shaken to its foundations and no one will stand to gain.
In fact, the articles in the draft have reflected the Joint Declaration to a very great extent. The following are examples. The Hong Kong SAR will have the right to enact its own laws. However, the Standing Committee of the National People's Congress can return the laws for reconsideration or even revoke them. National laws outside the autonomy of the region can be applied by promulgation or by directives from the State Council. Even though Hong Kong will have executive povers, the Chief Executive and principal officials will be appointed by the central Government. The Hong Kong SAR will have independent judicial power and the power of final adjudication. However, the courts have no jurisdiction over the executive acts of the Central People's Government. Besides, the interpretation of the articles of the Basic Law by the Standing Committee of the National People's Congress will be followed by the courts in the Hong Kong SAR. All these restrictions will be obstacles to the high degree of autonomy of the future SAR.
In fact, if we read this draft very carefully, we will easily find that there are many other restrictions on autonomy. Firstly, the Hong Kong SAR will come directly under the Central People's Government. This will place autonomy under the direct leadership of the party. In the actual functioning of the future Hong Kong SAR, how a high degree of autonomy can be achieved under the leadership of the party will be a major issue in the implementation of the Basic Law. Then the people of Hong Kong will be able to participate in the election of deputies to the National People's Congress. The National People's Congress