5.4.
must draw a clear distinction between politicians and civil servants. As our political institutions evolve, it is important that the civil service should remain politically neutral. The service exists to serve the overall interests of Hong Kong. It
31 must not be identified with sectoral interests."
The legal system will face changes as well. again: -
To quote the Governor
"Following the understanding reached earlier this year [with the
PRC] which will allow the 1995 legislature to continue beyond 1997, we now need to plan for the continuity of day-to-day administration. There are many complex legal matters to be sorted out international agreements affecting Hong Kong, the localisation of laws and arrangements for Hong Kong to continue to be responsible for key elements of its economic life. The continuity of the judicial system is another area of great importance to the stability of Hong Kong after 1997. We need to get in place arrangements for establishing in Hong Kong our own Court of Final Appeal. So there is much to do, and a need to tackle it quickly, pragmatically and efficiently."
That is precisely the process that this proposal is intended to assist: by providing a forum to draw on U.K. and other experience so as to help Hong Kong, and also to give Hong Kong a shop-window in which to display aspects of its "lifestyle" for others to see. Some have asked how Hong Kong people themselves can contribute to the success of the agreement between Britain and the PRC in the areas under discussion in this paper. Before answering, it is important to enquire as to the precise nature of the system which is going to come into force in 1997, and to look at its detailed application in practice, rather than merely its overall prescription. Thus, I believe that it is time:
{
First, to prepare proposals for action in the context of the provision of the Joint Declaration that:-
"The laws currently in force in Hong Kong will remain
basically unchanged.
Secondly, to ask what extra measures need to be taken in law to guarantee the stability of existing standards and practices.
And, thirdly, to ensure that people in whom Beijing has the necessary degree of trust will take time to explain the work that is being done and its importance to Hong Kong.
In the context of the above, I believe it is especially necessary to examine the nature of accountability under the Basic Law, the role of the judiciary, the rights of Members of the Legislative Council after 1997, and the relations between the executive and the legislature.
I