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HONG KONG LEGISLATIVE COUNCIL 13 July 1988
1851
councils will be eroded and their enthusiasm in participation will be dampened. The three-tier system has been confirmed by the political review. How can the draft Basic Law afford to ignore the lower and middle tiers of such a system?
Sir, the draft Basic Law for solicitation of opinion is a consultative document. The authority should not on the one hand, be afraid of criticism and, on the other hand, not afraid of making amendments. Requests from the public to amend the principles or make technical amendments is the first step in autonomy. May I appeal to the people of Hong Kong to act now and express their views fully, so that we can together bring in a good future for Hong Kong beyond 1997. I have other views regarding the draft Basic Law. However, amongst us, we have an agreement that we will limit our speech to a certain period and that is the reason why I will stop here and just say that I support the motion.
MRS. CHOW: Sir, it has been said, 'A camel is a horse designed by a Committee.'
The governmental structure contained in Chapter IV of the Draft Basic Law runs a real danger of doing just that. For in spite of all the detailed thinking that must have gone into the many articles of Chapter IV, with the listing of all the options, it fails to address some key fundamental issues which must be addressed before one can start to consider the options.
I do not think any one will disagree that whatever form of government we end up within 1997, it must be a good government. By that I mean it must have the good of Hong Kong at heart at all times and it must work to protect the intrinsic values that our people hold dear, and it will be able to resolve any differences between Hong Kong and China without sacrificing those values.
Surely the key question that must be examined, and whether it has been examined is certainly not apparent in the draft, is whether the Hong Kong SAR Government will maintain existing links between the legislative and the execu- tive authorities, or whether it will initiate the so-called separation of power between the two. In my view it would be most difficult, if not impossible, to assess the suitability of any one option put forward regarding the selection of the Chief Executive and the formation of the Legislative Council without a decision on this vital relationship.
Some have advaned the view that since the Chief Executive may not be elected, and the Executive Authorities are to be appointed by him, the best check and balance is to separate the membership of the Executive and Legislative Councils, so that the elected legislature composed of representatives of the people could effectively monitor the exercise of power and authority by the executive by ensuring that it is held accountable at all times.
While agreeing that the legislature should act as effective check and balance to the executive. I am concerned the danger exists for that check and balance to