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(ii) Indirect participation (by all people in Hong Kong)--
When the first draft of the Basic Law is worked out, it should be made known to the people in the form of a green paper for public comments and amendments should be made in the light of these comments. The process should be repeated at least once. Suggestion No. 4
A Basic Law assessment office should be established. When the first and second drafts of the Basic Law are published, China may, through her organizations in Hong Kong, set up an independent assessment office which functions and works in the same way as the present Assessment Office. The office shall collect public opinions towards the Basic Law, recording all the views expressed, and make a public report afterwards. Suggestion No. 5
The Hong Kong Special Administrative Region Government after 1997 should have the right to participate in any amendments to the Basic Law. And, all relevant information should be made public in Hong Kong for extensive consultations before any amendments are made. The reasons for the amendments should also be promulgated afterwards.
2.3 On retirement benefits for civil servants
The agreement provides that all public servants and members of the judiciary may remain in employment with pay and conditions of service no less favourable than before. The S.A.R. government shall pay its employees who have retired or completed their contracts benefits due to them on terms no less favourable than before. These are proper arrangements. But, as the S.A.R. government will not come into being until 1997, some civil servants, especially the non-locals, may not be satisfied with the benefits offered to them on retirement or on expiry of their contracts. In this respect, I wish to make the following suggestion: Suggestion No. 6
The British government (not the Hong Kong government) should guarantee payment of retirement benefits for those who retire before 1 July 1997. In other words, if the S.A.R. government fails to pay up in accordance with the provisions of the agreement, the retired employees may make a claim against the British government. Meanwhile, in consideration of the special situation of the expatriate civil servants and those of the judiciary who are recruited overseas, options should be offered them to collect their pensions etc. from either the S.A.R. government or the British government.
2.4 On the garrison
In principle, I support the provision about the stationing of troops here. However, as the agreement has made no mention about disciplinary matters in regard to the troops vis-a-vis the laws of Hong Kong, I would like to make a suggestion.
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Suggestion No. 7
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The soldiers, whether on duty or not, should be subject to the laws of the S.A.R. in addition to any martial laws of China. Those who act against the law should be tried and serve their sentence in the S.A.R.
2.5 On the Sino-British Joint Liaison Group
In furtherance of their common aims and in order to ensure a smooth transfer of government in 1997, the Chinese and British governments have agreed to set up a Joint Liaison Group which will hold consultations on the implementation of the agreement, and discuss matters relating to the transfer of government etc. Basically, I agree that the setting up of the Joint Liaison Group is a step in the right direction. However, it would cause the public anxiety if its work and progress are not disclosed. So I suggest the following:
Suggestion No. 8
Of course it would be most ideal that the people of Hong Kong are allowed to participate in the Sino-British Joint Liaison Group. If both governments consider it a matter of administration between themselves and that direct participation by the people of Hong Kong cannot be entertained, the Group should at least regularly report on its progress through the government.
2.6 On land leases
The agreement states in Annex III that the Land Commission shall consider and decide on proposals from the British Hong Kong government for increasing the limit of 50 hectares to be granted a year. In fact, it is not necessary to set such a limit without which the Hong Kong government may be able to adjust its policies of land supply and production as required by the economic and social development with more promptness and flexibility. I would therefore like to make the following suggestions:
Suggestion No. 9
If land leases are to be limited to 50 hectares a year, then not only land to be granted to the Hong Kong Housing Authority for public rental housing, but land for public projects and facilities such as roads, piers and parks etc. should also be excluded from the limitation. For the Urban Council, the last thing I would like to see is a greater difficulty in obtaining land for the provision of services on account that the government is hampered by the constraint.
Suggestion No. 10
It is a proper arrangement that incomes from land premium shall, after deduction of the average cost of land production, be shared equally. The British Hong Kong government should have full disposal of its share as part of its revenue to pay for the public expenditure. But the Hong Kong
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