HONG KONG LEGISLATIVE COUNCIL
一九八九年七月五日
香港立法局
5 July 1989
76
Declaration and the Basic Law is a "constructive background" for lively discussion. We are not so unreasonable to ask for an absolute guarantee. What we want and what we are entitled to, Sir, is a "bulletproof" guarantee.
Sir, with these remarks, Sir, I support the motion.
MR. CHENG HON-KWAN: Sir, the report prepared by the Foreign Affairs Committee of the House of Commons has dealt with many aspects of the problems that exist in Hong Kong. During the course of the committee's inquiry which commenced in April this year, the whole situation was largely complicated by the tragic events in Peking and a fresh look at the problems was taken as a consequence of changes in the circumstances.
In my view, the report contains points which are disappointing or controversial as well as those which appear to be acceptable to the people of Hong Kong. As it is quite impossible for anyone to cover many issues in this debate within the time constraint and due to the fact that my honourable colleagues will share the effort in making other points, I would like to touch upon some of the committee's deliberations on the Joint Declaration and the Basic Law, which in my opinion, are specific and equally important.
Sir, I firmly believe the Sino-British Joint Declaration is still a good piece of agreement which has been accomplished through extremely hard work during the negotiation stage to ensure the future stability and prosperity for Hong Kong and its people. As the British and the Chinese Governments have committed themselves to this treaty, I would agree to the committee's view that reneging on the Joint Declaration and breaking off all negotiations with China for the foreseeable future is simply not an option. I would also endorse the committee's recommendation that the Joint Declaration should remain as the best treaty base for the future of Hong Kong and we must concentrate on the implementation of its provisions, particularly through the Basic Law.
In the light of experience gained from the events in Peking, I would share the view that article 18 of the draft Basic Law needs to be re-examined carefully and critically in so far as the State Council may decree the application of the relevant national laws in the Hong Kong Special Administration Region in case of war, turmoil or emergency. The Peking experience has taught the Hong Kong people that martial law may be declared in any part of a city or region by the State Council in case of so-called counter-revolutionary violence or anything for that matter. It is therefore true to say the fear of the people in Hong Kong of the irrational interpretation of any situation without a legal basis is quite obvious. I would even go beyond what the committee has stated and suggest