HONG KONG URBAN COUNCIL
MR. LEE CHIK-YUET (in Cantonese):—Mr. Chairman, the Sino-British Joint Declaration on the future of Hong Kong will usher in a new era for the territory and its five million people are now provided with a blueprint to establish, with ease of mind, a more prosperous, stable and progressive society. As a Chinese I am naturally happy about it.
I do not imagine that Hong Kong will become all-perfect once the Joint Declaration is initialled. Instead, in the coming thirteen years and even in the years after 1997, Hong Kong may have to face lots of challenges and problems. But with our present economic foundation and talents as well as the hard-working grass-roots, together with the assistance specially provided by the Chinese and British Governments, we should have the confidence and cherish a high aspiration to establish a highly autonomous and democratic government.
It can be seen from the Joint Declaration that, in principle, the wishes of Hong Kong people have been met. The agreement is legally binding and is the highest form of commitment between two sovereign states.
When commenting on the Joint Declaration, we should bear in mind that it could only set out the policies of China and Britain towards Hong Kong and their basic stands and attitudes. It is to be supplemented by the Basic Law. The provisions cannot be too detailed, otherwise the people of Hong Kong will be precluded from participation and there will be too many restrictions placed on the future autonomous government of Hong Kong. We must therefore not be over-critical or nit-picking.
I will not attempt to give an in-depth analysis of the Joint Declaration but simply raise a few relevant points.
(1) Future governmental system in Hong Kong—
The governmental system outlined in the Joint Declaration to be introduced after 1997 is more progressive and liberal than that proposed in the Green Paper on representative government, and we can feel confident that Hong Kong will be heading for democratization.
Firstly, the Joint Declaration clearly states that 'the Hong Kong S.A.R. legislature shall be constituted by elections', which means doing away with appointed and official seats. On that score, the Green Paper is rather ambiguous.
Secondly, the Joint Declaration specifies that the future executive authorities shall be accountable to the legislature, whereas the Legislative Council proposed in the Green Paper is basically an advisory body and accountable to the executive authorities. It may be said that this is only a transitional arrangement, but the ultimate target is not set out and we have no idea where such arrangement will lead to. How then can one be convinced of its validity?
HONG KONG URBAN COUNCIL
Page 121 of 233
205
If the soon published White Paper on representative government is in keeping with the Joint Declaration and the wishes of the people, it should provide for part of the seats of the Legislative Council to be directly elected in or before 1988 and with its legislature and monitoring powers gradually enlarged so that the executive authorities will in time become accountable to it. The appointed and official seats of the Urban Council, Regional Council and District Boards should likewise be further reduced or completely abolished.
(2) China's assurances and sincerity--
It can be seen from the Joint Declaration that many of the views expressed by the various strata in Hong Kong have been accepted, and it is also stressed that both China and Britain are prepared to implement the Joint Declaration and its annexes. Furthermore, the Joint Declaration has adopted as far as possible terms and definitions commonly used in Hong Kong and in international agreements. For example, Annex I sets out that freedom of the person and of religious belief as well as other rights will be in accordance with the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Besides the initialling ceremony, arrangements were made for the Foreign Minister and Foreign Secretary of the two countries to announce the Joint Declaration simultaneously in an international arena, and China's highest leader too has explained the matter face to face with Hong Kong representatives invited to take part in the celebrations of National Day. It will not serve any useful purpose if we are over-critical and still view the Joint Declaration with suspicion.
We should note that China as a sovereign state and Central Government has to retain her power and responsibilities in certain areas, otherwise Hong Kong will become an independent political regime outside China.
(3) Participation of Hong Kong people in the Basic Law-
Now that the Joint Declaration has been widely accepted by the people of Hong Kong, we should shift our attention to the discussion of the Basic Law which is to implement the Joint Declaration and replace the present Letters Patent and Royal Instructions. The Basic Law will be set in considerable detail and will cover many arrangements. To gain Hong Kong people's acceptance of the Basic Law, they should be allowed to participate in its drafting, which should be discussed as extensively and involved as many Hong Kong people as possible.
The five million people of Hong Kong have in the past and due to various reasons held different views towards the future of Hong Kong and China, but it is the time when we should unite to face the reality and work for...