771
Trade Marks Bill (H.L.]
HOUSE OF LORDS 011/6/
[6 DECEMBER 1993]
procedure was a good one for a very limited category of Bill. My own view is that the Bill now before us happens to fall in that category. However, a few things did go wrong and questions were raised on the Charities Bill Committee. I trust that full note was taken of that fact in settling how the proposed Committee--that is, if it is approved-will operate.
Lord Strathclyde: My Lords, I am grateful to the noble and learned Lord, Lord Simon of Glaisdale, for reminding us of our responsibilities in making the decision. Of course, those responsible for making the decision have weighed up the advantages and disadvantages of the procedure and have decided that, on balance, this is precisely the kind of Bill that should be dealt with under the special procedure. The Bill before us is one which involves no party controversy and one which will, I think, benefit from the particular detail and expertise that can be given under the special procedure.
My noble friend, Lord Boyd-Carpenter, asked whether we could have an extra day on Report. I am a believer in debating such matters fully. However, as to whether or not an extra will be given will depend on necessity. Obviously, my noble friend the Chief Whip will maintain discussions through the usual channels. I am also grateful to the noble Lord, Lord Allen of Abbeydale, for his support in regard to the procedure. There have been only about six times over the past 12 years when we have needed to use the special procedure. I suspect that, on balance, noble Lords feel dat it has worked extremely well.
On Question, Bill committed to a Public Bill Committee.
4.35 p.m.
Hong Kong
The Parliamentary Under-Secretary of State, Department of Employment, (Lord Henley): My Lords, with the leave of the House, I should like to repeat a Statement being made in another place by my right honourable friend the Secretary of State for Foreign and Commonwealth Affairs.
"I will, with permission, Madam Speaker, make a statement about Hong Kong.
"We have an important job to do in the remaining years of British sovereignty in Hong Kong. We intend to carry out these responsibilities, with the support of this House. Part of our task will be to make arrangements for the elections to the district boards, municipal councils and the Legislative Council in 1994 and 1995.
"There is no argument between Britain and China over the principle that Hong Kong's democratic institutions should continue to develop. That is set out in the Sino-British Joint Declaration. It provides that by 1st July 1997 Hong Kong's legislature will be constituted by elections. China's Basic Law for Hong Kong after that date spells out more fully that process of political development.
"The issue is how these principles should be turned into practical arrangements. The proposals
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Hong Kong
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which the governor put forward in October 1992 with our full support were carefully framed to be consistent with the Basic Law. We have all along wished to proceed in agreement with China, in order to assure continuity in this important part of Hong Kong's life. That is why we have put so much effort since April into achieving an agreement in the talks with China.
"The talks have been concerned with complex electoral issues. But the underlying question is simple. Will we bequeath to Hong Kong an open and democratic system offering the electorate a genuine choice? Or will we settle for a system based on small electorates open to manipulation and corruption?
"The answer to that question affects the character of Hong Kong. Hong Kong owes its success in large measure to the rule of law supported by a clean and efficient administration. If that precious asset is to be preserved in modern circumstances, the territory needs an elected and credible legislature which can stand up for its way of life.
"That is why elections held under British administration in Hong Kong must be fair, open and acceptable to the people of Hong Kong. On that basis, we have made a concerted effort through 17 rounds of talks to reach agreement with China. I discussed matters twice with the Chinese Foreign Minister during this period. The Prime Minister sent a message to the Chinese premier. We have offered to make important moves to accommodate Chinese views, without compromising our essential require- ments, as part of an acceptable agreement.
"We made plain from the outset that the talks could not continue indefinitely and that it would be for the Legislative Council to consider and pass the necessary legislation. This will be a time-consuming task. Some 48 constitutional and electoral instru- ments in Hong Kong are affected and may need amendment. All the primary legislation needs to be in place by July 1994. Some of the more urgent measures need to be on the statute book by February.
"When time began to press, we therefore explored fully the possibility of an interim agreement, which would enable us to get on with legislation on the more urgent issues, and gain a little more time to resolve the remainder.
"I explained to the Chinese Foreign Minister in New York on 1st October that this aim would not be achieved by an interim package limited only to the district board and municipal council elections. To deal with all the more urgent issues, an interim package needs to include the voting age and the voting method for all three sets of elections, including the Legislative Council, and the abolition of appointed membership in the district boards and municipal councils.
"The Chinese side evidently had no difficulty of principle with an interim package covering some LegCo issues. They accepted our proposal that the voting age should be lowered to 18 for all elections. They also seem to have had no difficulty of principle with our proposal that the voting method should be single seat-single vote. They accepted that this
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