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and freedoms are safeguarded, the Hong Kong people and foreign traders will have the confidence to stay in Hong Kong to open up and to develop the economy of Hong Kong, in a common effort to enhance its prosperity. Therefore, the Basic Law should be so enacted that Hong Kong's 'freedoms, democracy and rule-by-law system' will be explicitly and fully safeguarded.
With regard to a high degree of autonomy, the Basic Law indeed vests the HKSAR with the power of autonomy. But there are reservations and limitations as well. For example, Article 18 provides that 'the HKSAR is vested with independent judicial power, including that of final adjudication'. However, the HKSAR shall have no jurisdiction over cases relating to the executive acts of the Central People's Government. What exactly are the executive acts of the Central People's Government? Well, the HKSAR has no right to define and interpret these acts. If the executive acts of the Central People's Government are allowed to prevail unchecked in Hong Kong, then the safeguard provided by the Basic Law to Hong Kong's rule-by-law system, human rights and freedom will completely lose its meaning.
Article 16 stipulates that the HKSAR is vested with legislative power. The Standing Committee of the National People's Congress (SCNPC), however, is empowered to return and law in question for reconsideration or revoke it. But in the Sino-British Joint Declaration, it is only stated that laws enacted shall be reported to the SCNPC for record. Therefore, the provision of returning the law for reconsideration or revoking it is not in compliance with Sino-British Joint Declaration. Moreover, it greatly reduces the legislative as well as autonomy powers of Hong Kong.
Article 17 is related to laws giving expression to national unity and territorial integrity, and the government of the HKSAR is required to apply them locally by way of promulgation or legislation on the directives of the State Council. There are no such wordings in the Sino-British Joint Declaration. But such a provision, which requires Hong Kong to comply with the laws of China, is incorporated into the Draft Basic Law. Which are the related laws mentioned in the Article? Who should be in a position to interpret them? Many of the laws could well be interpreted as laws which give expression to national unity and territorial integrity. In addition, Hong Kong is required to apply such laws 'on directives'. In this way, will the nature of 'two Systems' become corrupted accordingly, or will it lead to ‘one country, one system"? This indeed gives rise to misgivings.
Article 22 provides that the HKSAR shall prohibit by law any act designed to undermine national unity or subvert the Central People's Government. Every- one knows that all nationals shall be loyal to their own country and shall refrain from any treacherous acts or speech. But very often, those people in power would abuse this kind of charges to exterminate political rivals and dissenters. What kind of speech and acts will actually constitute the crime of treason? This is really awe-inspiring.
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As for the political system and the method of electing the Chief Executive and constituting the Legislative Council, any alternatives should accord with the Sino-British Joint Declaration. Hong Kong needs a system of democratic government which suits its actual requirements. The democratization of Hong Kong's political system is developing at a gradual and steady pace. Democratic reforms in Hong Kong's political system have now become predominant. Therefore, this trend should be allowed to develop naturally and stably, and should not be suppressed abruptly.
Each alternative has its own virtues and defects; it may win the confidence of certain people while others might be sceptical about it. Take the setting up of the grand electoral college as an example. It is considered that the ratio of representation awarded to industrial, commercial and professional bodies is too high, with other organizations merely serving as a foil. As a result, the destiny of the majority would rest in the hands of a few. The masses would also be deprived of the right of participation. In fact, how to define various functional constituencies and how to select representatives from such organizations are also complicated issues. The nature of the existing district electoral college is already complex enough. One could hardly imagine what would become of the grand electoral college of such a large scale just think of the factional strife and the scramble for power that may arise. Another point is that whether it is possible to widen the range of functional constituencies in the grand electoral college so that all walks of life can be fully represented and seats in the electoral college can be more evenly distributed among different sectors. Moreover, the election process of the grand electoral college might lead to keen internal struggle. Therefore, I think it is not a desirable method to elect the Chief Executive of the HKSAR by a broadly representative electoral college.
In view of the cumulative experience of direct elections held for the Urban Council, Regional Council and District Boards, the expected introduction of the element of direct election into the Legislative Council in 1991, as well as the general promotion of civic education in recent years, the awareness of the importance of democracy on the part of the Hong Kong people will certainly be enhanced a few years later. The development of a democratic form of government in Hong Kong will also become more sophisticated. Direct election on a one-person-one-vote basis will thus be held in stability and will not arouse social resistance and unrest.
Hence, a Chief Executive elected by general election on a one-person-one-vote basis will be more representative in nature and will undoubtedly win the acceptance and support of the Hong Kong community at large. If the democratic form of government in Hong Kong reaches maturity by 1997, the first Chief Executive (Designate) of the Hong Kong Special Administrative Region can be elected in March 1997, by means of direct election, under the monitoring of the Chinese Government and with the assistance of the British Government, so as to arrange for the smooth handing over of Hong Kong's administration.