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Job No. 166880

HANSARD JUL14:13

HONG KONG LEGISLATIVE COUNCIL 14 July 1988

1927

CHIEF SECRETARY: Sir, I have listened to the two days' debates with great attention. Members who have spoken on this motion have displayed a deep sense of responsibility towards the people of Hong Kong in their study and close analysis of the draft Basic Law, which will lay down the constitutional framework for the future Hong Kong Special Administrative Region. I pay tribute to their hard work.

The Sino-British Joint Declaration provides that the Basic Law of the Hong Kong Special Administrative Region shall stipulate China's basic policies regarding Hong Kong as set out in the Joint Declaration and elaborated in its Annex I. Responsibility for the drafting and the promulgation of the Basic Law of course rests with the Chinese Government. But as the Secretary of State said in Parliament on 20 January this year, the British Government, as a co-signatory to the Joint Declaration, have the right to saisfy themselves that the eventual provisions of the Basic Law fully and accurately reflect the Joint Declaration. To this end, we shall pay close attention to the views expressed, both locally and overseas, on the draft Basic Law, and take them into account in our future exchanges with the Chinese authorities.

In this debate, Members have spoken on a wide range of issues relating to the draft Basic Law, for example, the importance of the Basic Law fully reflecting the 'one country, two systems' concept; the high degree of autonomy promised to the Hong Kong Special Administrative Region by the Joint Declaration, a firm guarantee in the Basic Law of the independence of the Judiciary; and the protection of basic rights and obligations, the need for the Basic Law to give the Special Administrative Region Government the necessary flexibility to respond to changing circumstances. These are just some of the more important points over which Members have expressed concern. I have taken careful note of them. If Members so wish, we shall, of course, forward their views to the Chinese authorities.

The drafting of the Basic Law has been a very open process and the Chinese Government have made great efforts to involve the Hong Kong people. Opportunities have been made available in the consultation exercise now underway for the general public to comment on the draft and to express their views through a variety of channels. Chinese officials have acknowledged that this first draft is far from perfect and will require improvement to take account of the comments made on it and to meet Hong Kong circumstances. In this spirit, they have said they will take account of the views expressed in revising the present draft. Sir, it is therefore vital that, in accordance with the wording of the motion before Members, the people of Hong Kong should take full advantage of the opportunity presented by the consultation exercise to make known their views on the draft as it now stands.

I have noted over the last two days, and indeed in recent weeks, Laht on that some aspects of the Basic Law, there is a clear consensus of view within the community. In other areas, there are still divergent views. I hope that all

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