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HONG KONG LEGISLATIVE COUNCIL - 14 July 1988
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The above are some of the deficiencies of the draft Basic Law. As they have done yesterday, my hon. Colleagues will continue to point out other areas of concern in the draft Basic Law at today's sitting.
Before I conclude my speech today, I would like to urge the people of Hong Kong to make use of the present opportunity given by the consultation exercise to express their views on the draft Basic Law. The Basic Law is for the people of Hong Kong and there is no reason why we should be reticent now when such an important document affecting us and our children for many years to come is being drafted.
I am sure our views will be taken into account by both the United Kingdom and the Chinese Governments and in order to have a Basic Law which we can live with it is necessary that we let our views be known.
With these remarks, Sir, I support the motion.
MR. CHUNG (in Cantonese): Sir, as Hong Kong progressively develops its system of government and a preliminary round of consultations has begun on the Basic Law, this is a predictable development. What gives rise to concern is the fact that people have serious differences of opinion on the draft.
You, Sir, said in your policy address last year that the Basic Law would have a bearing on the development of Hong Kong's system before the establishment of the Special Administrative Region.
In view of that, I believe that this Council should not only discuss the Basic Law and related issues but also propose solutions to some of the problems that have arisen.
The main issue is the excessive politicisation of Hong Kong's legal system in the provisions of the draft. It is weighted towards the control of local administration by the exercise of central sovereignty such that there are no legal provisions available to check direct rule by the Central Government or so-called 'executive acts.' As to the relevant provisions in the draft, there will be six categories of law enforced in Hong Kong.
(1) The Basic Law;
(2) Previous laws, namely common law, rules of equity, Ordinances, sub- sidiary legislation and customary law. The only exception here are laws. that contravene the Basic Law.
(3) Laws enacted or amended by this Council.
(4) Laws which the Standing Committee of the National People's Congress deems it necessary to promulgate in Hong Kong and directives from the State Council arising from such laws.
(5) Judicial case law in common law jurisdictions.
(6) International Covenants and agreements recognised as applicable to Hong Kong by the Basic Law. Sources of law for the SAR therefore fall