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HONG KONG LEGISLATIVE COUNCIL 14 July 1988
1909
Sir, time is changing, the world is changing, and fashion is changing, but I believe that democracy, freedom and rule of law will forever be the goals pursued by mankind. I earnestly urge that democracy, freedom and rule of law be made the goals of the Basic Law as well. Only in so doing could Hong Kong people feel reassured that China has a future and the ‘one country, two systems' concept stand any chance of success.
Sir, I feel that if I were to describe the Basic Law draft, I would say that it is like a dish prepared by many chefs and many ingradients have been added to this dish, and the Hong Kong people will have to swallow it.
Sir, I support the motion.
MR. POON CHI-FAI (in Cantonese): Sir, the drafting of the Basic Law is no easy task. This is a job that is totally unprecedented-there are not any samples to follow. Not only must the Basic Law look after the principle for a highly autonomous SAR in order to preserve Hong Kong people's confidence, it must also give expression to the sovereignty of China over Hong Kong. Moreover, different people have different interpretations of and amendments on the Basic Law, so it is indeed very difficult to come up with a draft that is faultless and acceptable to all. However, in considering the Basic Law, I think the most important point is whether it is in keepting with the spirit of the Joint Declaration and whether it would give Hong Kong a high degree of autonomy.
Article 169 of the draft says that the power to interpet the Basic Law is vested in the Standing Committee of the National People's Congress. This is not objectionable in principle-it is because the drafting and interpretation of law is normally the business of the Central Government and indeed Hong Kong SAR comes under the sovereignty of the People's Republic of China. Moreover, since the Basic Law is passed by the Standing Committee of the National People's Congress, the National People's Congress can of course interpret it, but judicial power and power of interpreting law are inseparable. The Central People's Government has already granted legislative, judicial power as well as the power of final adjudication to the Hong Kong SAR ensuring it has a high degree of autonomy. Therefore, to avoid undercutting Hong Kong SAR's legislative power and power of adjudication, and to maintain the smooth functioning and effectiveness of our legal system, the Central People's Govern- ment should consider devolving the power to interpret the Basic Law to the Hong Kong SAR, apart from defence and foreign affairs. Articles 169 and 16 stipulate that National People's Congress has the power to vet whether legislation drafted by the SAR is in line with the Basic Law and legal procedures, and that the National People'e Congress can return the law in question for reconsideration or revocation, without any provisions for appeal by the SAR. Moreover, the NPC holds the difinitive power to interpret Basic Law. I think these two articles should be amended. This is because the first article of the draft already says that the Hong Kong SAR is an inalienable part of the People's Republic of China. To devolve the power to interpret to a local