Job No. 166880
HANSARD/JUL14:04
HONG KONG LEGISLATIVE COUNCIL 14 July 1988
1883
Hong Kong' and 'a high degree of autonomy' should be policies for the governing of Hong Kong by China after 1997. It is also a promise made to the people of Hong Kong by the Chinese Government. To destroy this supreme principle would not be of benefit to either party.
I feel that in order to make this main constituent of the future Hong Kong SAR acceptable both to the NPC and Hong Kong, the first task is to alleviate fear in the Chinese Government that the people of Hong Kong will resist the exercise of sovereignty by China. In fact, those who advocate independence for Hong Kong will find themselves with few supporters.
At the same time, the worries of the people of Hong Kong that China might not keep its promises must be eliminated, otherwise the drafters of the two areas will always be on guard when they perform their duties of drafting and amending the Basic Law. This will definitely not be to our advantage.
We know that in the formulation of the Basic Law, the people can play only a passive role. Therefore, the urgent task is for the Chinese Government to show its goodwill and to make amendments in the chapters on the relationship between the central authorities and the Hong Kong SAR and interpretation and amendment of the Basic Law. The aim is to promote the independent status of the SAR judicial organs in power of final adjudication and power of inter- pretation, which are outside the areas of defence and foreign affairs. Then in the enactment of law outside defence and foreign affairs, the power and status of the SAR legislature should be enhanced. The aim is to ensure that the SAR will not easily be subject to Chinese intervention. This will boost the confidence of the people of Hong Kong in a high degree of autonomy that will come in the future.
The articles as they are drafted now on the one hand undermine the status and pwoer of the judiciary and the legislature and on the other increase the power of the Chief Executive even before we have decided how he will be selected. Such a lopsided treatment will not be able to convince people who have always fought to maintain principles of equality and legal principles. I think that even if we have a sound legal system, we need at the same time a democratic and liberal government. Consequently, the people of Hong Kong should insist on these and should not accept a compromise readily.
Another much criticised general point in the draft Basic Law is that in the articles of the different Chapters, you find inconsistency and a lack of balance.
The most obvious contrast is in Chapter 5 and Chapter 6. If the details on the lack of them in an article can form an indicator of the degree of confidence the people of Hong Kong have in the Chinese Government and the amount of influence exerted, we can see that the commercial and industrial sectors and the professionals who form the majority in the drafting committee and the consultative committee are the ones who lack confidence, despite the economic activities conducted between the two areas which give them more opportunities to be in touch with the Government than the ordinary people.
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