CONFIDENTIAL
510
MDHOAN 7375
OBLIGATIONS TOWARDS THE PEOPLE OF HONG KONG. THE GOVERNMENT ACCEPT THE NEED FOR CONTINUAL REVIEW OF POLICY ON HONG KONG, WITHIN THE CONTEXT, AND ON THE FIRM BASE OF, THEIR COMMITMENT TO THE JOINT DECLARATION.
(II) THE JOINT DECLARATION AND THE BASIC LAW
5 THE GOVERNMENT WHOLEHEARTEDLY SHARE THE COMMITTEE'S VIEW THAT TEARING UP THE AGREEMENT, RENEGING ON THE JOINT DECLARATION AND BREAKING OFF ALL NEGOTIATIONS WITH CHINA IS SIMPLY NOT AN OPTION (PARAGRAPH 2.3). WE WELCOME THE COMMITTEE'S RECOMMENDATION THAT THE JOINT DECLARATION IS RETAINED AS THE SUREST TREATY BASE FOR HONG KONG'S FUTURE (PARAGRAPH 2.4). WE HAVE STATED THAT THE
AND THAT JOINT DECLARATION REMAINS THE CORNERSTONE OF OUR POLICY, IT IS BETTER FOR HONG KONG TO RETURN TO CHINA WITH THE SAFEGUARDS ENSHRINED IN THE JOINT DECLARATION THAN WITH NO AGREEMENT AT ALL. WE NEGOTIATED LONG AND HARD TO SECURE THE BEST POSSIBLE TERMS FOR HONG KONG. IT SHOULD BE EMPHASISED THAT THE CHINESE GOVERNMENT HAVE REPEATEDLY REAFFIRMED THEIR COMMITMENT TO THE JOINT DECLARATION. WE WELCOME THAT REAFFIRMATION.
6. WE HAVE TAKEN CAREFUL NOTE OF THE COMMITTEE'S DETAILED RECOMMENDATIONS IN RESPECT OF THE PROVISIONS OF THE DRAFT BASIC LAW (PARAGRAPHS 2.3, 2.5, 2.6, 2.7, 2.8, 2.12 AND 2.14). THE JOINT DECLARATION PROVIDES THAT THE BASIC POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA REGARDING HONG KONG AS STATED IN THE JOINT DECLARATION WILL BE STIPULATED IN THE BASIC LAW. THE GOVERNMENT HAVE A LEGITIMATE RIGHT, AS JOINT SIGNATORIES TO THE
WE ARE JOINT DECLARATION, TO REQUIRE THAT IT SHOULD DO SO FULLY. IN TOUCH WITH THE CHINESE GOVERNMENT ON THESE MATTERS: BUT THE COMMITTEE WILL READILY APPRECIATE THAT IF OUR REPRESENTATIONS TO THE CHINESE GOVERNMENT ARE TO BE EFFECTIVE, IT IS ESSENTIAL THAT THEIR CONFIDENTIALITY SHOULD BE RESPECTED. THE COMMITTEE WILL THEREFORE UNDERSTAND WHY THE GOVERNMENT CANNOT MAKE ANY DETAILED OBSERVATIONS ON THE COMMITTEE'S RECOMMENDATIONS ON THESE MATTERS AT THIS STAGE.
7. IN ACCORDANCE WITH THE COMMITTEE'S RECOMMENDATIONS (PARAGRAPH 2.9) THE HONG KONG GOVERNMENT HAVE ALREADY BEGUN WORK ON A REVIEW OF EXISTING HONG KONG LEGISLATION TO IDENTIFY AREAS WHICH MIGHT BE IN BREACH OF THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS. THE COMMITTEE WILL BE AWARE THAT THE GOVERNOR OF HONG KONG ANNOUNCED IN HIS SPEECH TO LEGCO ON 11 OCTOBER THAT A BILL OF RIGHTS WILL BE ENACTED TO GIVE EFFECT IN LOCAL LAW TO THE RELEVANT PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. IT IS INTENDED THAT A DRAFT BILL FOR PUBLIC CONSULTATION BY THE END OF THIS YEAR AND TO INTRODUCE DRAFT LEGISLATION BY JULY 199U. 8. AS REGARDS THE COMMITTEE'S RECOMMENDATION (PARAGRAPH 2.13)
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