together with their capital and merchandise.
The negotiation of a special relationship between Hong
a model for a new kind Kong and the PRC might even serve as
of federalism, responsive to the desire
the desire of peoples with a
different culture or history to have a degree of autonomy
within another state. The growing assertion of the rights of
peoples from the Kurds to the Baltic, the Balkans and along
the whole gigantic border of the Soviet Union and into Asia
demonstrates the urgent need for political arrangements of a
new character.
It may be the rôle of Hong Kong to offer an
experiment, in its relation to the PRC,
to the PRC, which will have
There is implications far beyond China and even beyond Asia.
no doubt that the assertion of group rights and the rights of
important developments of
peoples is
time.
one
of the most important
our
POINTS OF CAUTION
What of the other side?
First, it must be conceded
that there is some truth in the statement of the past Chief
Justice of Australia (Sir Harry Gibbs) that if a community is
rational and tolerant, a written Bill of Rights is not
needed. If it is not, no Bill of Rights will protect it.
Until now,
the basic rights of residents of Hong Kong have
been guaranteed, ultimately, by courts sitting in London and by the fact that the government of Hong Kong is answerable to
a democratically elected Parliament sitting at Westminster.
Take away these anchors from the legal system and it may be
cast adrift. The rights collected in the Basic Law and those
spelt out
Ordinance are bequeathed in the Bill of Rights Ordinance
belatedly. Have they taken root amongst the people of Hong
Kong? Will people who have lived under
one form of
14
-