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to account. It is, however, for consideration that, were machinery
to be devised for some wider degree of consultation before the Central Authorities intervened in the sense of the last paragraph of
Article 18, some participation of the Legislature (eg a resolution)
might be envisaged.
7. The movement for a more democratic Legislature in Hong Kong has not, however, so far as I am aware specifically focussed on the question of intervention by the Central Authorities as regards
Articles 14 and 18. It is concerned with providing a broaden base
for the legislative balance vis-a-vis the Executive and with making
the SAR government more responsive to popular opinion. This in turn would provide a broader base for the Legislature as regards its capacity to influence the Central Authorities.
8. Unlike the Article 14/18 issue (see para 5 above) it would be possible to give effect to present demands for a greater democratic representation in the current legislature without straining
credulity, even though the primary object of such a step is intended
to have effect after 1997. The issue here is whether such a step would outlive 1997. Whatever regime emerges in Peking, it is
unlikely to wish to adopt in the next two years a form of
representation in Hong Kong which could produce too great a
disparity with, and resentment on, the mainland; and Peking may well be in no position to acquiesce in such a disparity even in eight
years time.
Any attempt now by the present Hong Kong authorities
which makes any significant advance on the programme set out in
Annex II to the Basic Law may therefore founder in 1997 (and by
declared inapplicable under Article 159), because it is inconsistent
with the Basic Law. Further, if it does founder, the provision
whereby the last Legislature of the Colony becomes the first
Legislature of the SAR is also likely to founder. Taken together
with the current (totally inadequate) provisions for the election of
the first Chief Executive and the first government (and a probable
Chinese unwillingness to change them in the face of unlilateral
action by Hong Kong on the Legislature), that would be likely to see the end of the policy of convergence. Paradoxically, the creation
of a proto Chief Executive in a way that reflects the Basic Law may
offer fewer hostages for the future. It deserves examination.
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