HONG KONG legislaTIVE COUNCIL 13 July 1988
1855
Region, upon assuming the exercise of sovereignty of Hong Kong, will be set up. Three, the Hong Kong Special Administrative Region will be directly under the authority of the People's Republic of China.
It was only in April this year, when the draft Basic Law was published, did we learn anything new about the meaning of 'directly under the authority of the Central People's Government of the People's Republic of China'. Other than the Chinese version there is also an English version of the draft Basic Law and they are published at the same time in Hong Kong and in China for the purpose of consulting the Hong Kong citizens, and also those who are interested both inside and out of Hong Kong. The two Houses of the British Parliament and the Legislative Council of Hong Kong will debate this, and I do not think any country has been so open in accepting views and conducting consultation in the drafting of her constitution, so I think the sincerity of China deserves our sincere responses.
Among the many views expressed on this, many concern policy articles which are not touched upon in Annex I of the Joint Declaration. They are articles 105-108, 122, 123, 124, and articles 25 and 40 in Chapter III, and also the articles concerning social welfare mentioned by Mr. Wong Po-yan. Actually all these articles mention policies which the Hong Kong people would like to see implemented.
Articles 105-108 touch on public finance and taxation, and I do not think they are just there to protect the vested interests of some sectors of the community. If we really have a low tax policy and if we can maintain a basic balance between revenue and expenditure, it would be good for Hong Kong. I think it is good for the constitution to stipulate Ordinances concerning public finance and taxation. This is not unfounded. Mr. Wong Po-yan has also spoken on this. But since we must use the procedure of article 170 to revise any condified policies within the exercise of a high degree of autonomy, we will be acutally limiting the high degree of autonomy of Hong Kong.
That is why I think that all these articles setting out instructive policies should be contained in an Annex and they should not be legally binding. The Government should try its best to implement these policies. but if it departs from the policy when the necessity arises, it will not be regarded as violating the constitution. Actually India and Ireland have similar instructive policy articles in their constitutions and Mr. Andrew WONG has also spoken on this.
Sir, I have already expressed my views on articles 16-18, article 22 and article 169 on other occasions, so I will not waste any more time on these today. I think Hong Kong should not have residual power, but the jurisdiction should only be bound by the present legal principles. I think that the seven laws which are nationally applicable are necessary for Hong Kong, these are the items in the nationality act, and I do not think that these will affect the degree of autonomy in Hong Kong, but the presentation is really too vague in the draft Basic Law, but I have also expressed my views on other occasions.