that words in the Joint Declaration may mean different things in different minds. Thus, basing myself on the British test of autonomy stated by a U.K. delegation at the UN in 1952, viz: that there is a need to examine not only what a constitution may say, but to see if and how it is carried out in practice, I believe that there is value in examining the Basic Law to see how its provisions will be put into practice, i.e. to see how practical autonomy will operate. In this context, I remember visiting the Colony in early 1988, and afterwards writing the following: - 7
(a) "Fear in Hong Kong has been expressed as being based on knowledge
that within the PRC "law has been and continues to be party policy made perfect", and "the moment the political norms change, so too the legal system is forced to adjust". It is feared that post-1997 this state of affairs will act as a corrosive agent on attitudes underpinning the autonomy of the HKSAR system
The fear remains that once Hong Kong has been reunited with the motherland, seeking truth from facts (a guiding principle in the PRC), while it required one thing before reunification, may militate under Chinese sovereignty towards the realities of preparing for an ultimate socialist transformation, particularly in the areas of personal freedom as defined in the west [and in Hong Kong], which are not believed in the PRC to be the sine qua non of economic potential, and which may not be 22 understood to be integral to the territory's "lifestyle".
(b) "Historically, Hong Kong and the United Kingdom have shared an
approach to the issues of liberty and autonomy under law. We have held that the proper functioning of our ... system has stemmed not merely from our institutions and legal safeguards, but from the manner of their combination with certain attitudes and conventions. On 1st July, 1997, the ingredients of the formula seem certain to change significantly for Hong Kong, for British attitudes of governmental restraint and forbearance may not be reflected in Chinese attitudes to [governance]. Formulating safeguards in law against the possible consequences of this fact of life is not without difficulty.'
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These quotations, which originally applied to the Hong Kong legal system, represent my views on both the legal and political structures, and they are the basis on which I hope that the Working Group proposed in Part Five of this paper will ask the following questions:-
Generally: -
In relation to (a) above: Does the Basic Law contain guarantees for Hong Kong's stability in the event of a "change of political norms" in Beijing?