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(3) It should be able to take into account the interests of all social strata so as to ensure that our society will have a balanced development towards a more democratic and more reasonable system. However, the Draft for solicitation of opinions shows that there are shortcomings in many aspects. I would like to give a brief description as follows:
1.
The strong sense of resuming the exercise of sovereignty makes it difficult for the SAR to have a high degree of autonomy, thus failing to strictly adhere to the spirit of the Joint Declaration. It is stipulated in the Joint Declaration that 'the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government.' However, the Basic Law states that:
- If the Standing Committee of the National People's Congress considers that any law of the Region is not in conformity with this Law or legal procedures, it may return the law in question for reconsideration or revoke it;
- State laws that are applicable in the SAR shall be applied locally by the Government of Hong Kong by way of promulgation or legislation on the directives of the State Council;
- Courts of Hong Kong shall have no jurisdiction over cases relating to defence and foreign affairs, which are the responsibility of the Central People's Government, and cases relating to the executive acts of the Central People's Government; and
The power of interpretation of the Basic Law rests with the Standing Committee of the National People's Congress as stipulated in Chapter IX, etc.
In this way, the future Special Administrative Region will come under the influence of a combination of two different social and legal systems. The difference between the two legal systems and in legal concepts will definitely give rise to different interpretations of the Basic Law. The interference by the Central Government will have serious effects on Hong Kong's legal system as a whole, including its legislature, judiciary and the power of final adjudication.
In fact, Hong Kong people do not have a special liking for the British colonial government. Their trust in the government is gradually built up by the considerable extent of democracy, respect for human rights and the concept of rule of law as shown in the administration by the authorities concerned after the World War. Judging from the nationalistic standpoint, Hong Kong's return to Chinese sovereignty is a good thing. However, in view of the movements against the three evils and the five evils and the 10-year cultural revolution after the liberation of China, and the existing overwhelming corruption and illegal practices, it is quite impossible for us to believe that any interference by China will do Hong Kong any good.
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Of course, we should not doubt China's sincerity as it has devised the principle of 'one country, two systems' in order to, as far as possible, concede to Hong Kong people's aspiration, set people's mind at ease and ensure the continued prosperity of Hong Kong. However, if China fails to thoroughly understand the free operation of Hong Kong's capitalist system and its legal system, if it underestimates Hong Kong people's wish and ability to administer Hong Kong well and tries in every way to give expression to its sovereignty over Hong Kong in great fear of democratic movements, it will knowingly or unknowingly do harm to the benefits which both parties derive from the high degree of autonomy in Hong Kong. The confidence of Hong Kong people will be undermined. This is an outright departure from the original profound objective of the 'one country, two systems' principle. The attempt to maintain Hong Kong's prosperity will also end in failure. I therefore hope that all provisions in the Basic Law that are detrimental to Hong Kong's high degree of autonomy will be altered completely.
2. The whole Draft Basic Law for Solicitation of Opinion is filled with a strong sense of 'having no change' which has reached a dangerous extent. Examples of such are numerous. The reason might be that in recent years, Hong Kong has attained a lot of achievements which arouse the admiration of many countries and regions. Therefore, we are afraid of any 'change'. But we have to be awake to the fact that the achievements we possess today are attained as a result of particular historical conditions and objective circumstances. When these circumstances change, we may not be able to sustain existing advantages. If we limit ourselves with a frame refusing any change, Hong Kong will not see any progress in the future. This may also give rise to serious consequences in weak areas.
The only aspect which I think should be maintained and given full play at this stage is the merit of high efficiency of the executive authorities in Hong Kong's political system. Under the existing system, the Governor alone is vested with executive, legislative and military powers. Theoretically speaking, this is not a healthy sign, yet under the existing consultative system, the executive authorities operate effectively and bring Hong Kong under successful rule. We should not, for the sake of pursuing an ideal society, be too hasty in abolishing a system which has been able to stand the test of long practice and proved effective.
With the abrogation of Colonial government in 1997, Hong Kong will be ruled by its own people. The future Chief Executive of course should not and will not possess those powers now vested in the present Governor. But in order to make possible the continuation of highly-efficient administration by the Chief Executive, at the present stage, he could be vested with powers similar to those of the present Governor, as listed in the provisions of the Draft. At the same time, the structure of the existing executive authorities and the system of civil service could be retained basically. The existence of the Executive Council also has its own value. It is because the setting up of a sound consultative body in the administrative process will enable the Chief Executive to execute policies more comprehensively.