In relation to (b) above: How can the attitudes of "governmental restraint and forbearance" be replicated once sovereignty has changed?
Specifically:-
(c)
(d)
(e)
To what extent, if at all, have today's rights and powers been diminished by the Basic Law? And why?
To what extent, if at all, is the Basic Law inconsistent with the Joint Declaration? And why?
To what extent can any deficit be remedied consistently with the Joint Declaration? And how?
4.16.
Before examining the Basic Law, however, I believe it is important to examine the starting points of the U.K. and the PRC in these issues. In doing so, I am bound to ask the reader to consider the margin of possible understanding of the following U.K. and PRC statements, which set out, partially, the respective positions of those two governments. Additionally, I have added the Hong Kong government's position as well as the voice of a noted critic in Legco. But, first, a personal note: In my work, I have always assumed that under the Joint Declaration, Hong Kong's post-1997 institutions will have as their premise the
I am now of the If it becomes
political freedom necessary to regulate the affairs within their competence. I have assumed, therefore, that Hong Kong's institutions are intended to be "free institutions" with adequate power and discretion, exercisable in an accountable manner. view that my confidence has yet to be justified. justified, it will be due to a better understanding on my part of particular aspects of the relationship between the SAR executive and the SAR legislature and between the CPG legislature and the SAR judiciary. The context of the larger CPG-SAR nexus is the determining factor in some issues.
4.17.
The Hong Kong Government's Position
1984 Green Paper:
27
"On 18 July 1984, the Government published a Green Paper entitled
'The Further Development of Representative Government in Hong Kong'.
(a)
The aims of the proposals were:-
to develop progressively a system of government the authority for which is firmly rooted in Hong Kong, which is able to represent authoritatively the views of the people of Hong Kong, and which is more directly accountable to the people of Hong Kong;