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MR. PAO PING-WING (in Cantonese): -Mr. Chairman, although the Draft Basic Law has not been fervidly discussed by the general public since its publication, some of the views expressed on the Draft are worthy of consideration and the political structure is the subject of much controversy. Therefore, I would like to express my views on Chapter IV of the Draft, Political Structure, first and then go on to discuss other chapters of the Draft.
Before making any suggestions on the Basic Law, we must understand that the Basic Law is a law drawn up for the future administration of Hong Kong and that it is in fact impossible for written legislation to cover all the future changes of society and daily life. Hence discussions on the Basic Law should focus on the spirit of the legislation. I think that the spirit of the legislation should be upheld through the fulfilment of the following 4 points:
1. The spirit of the Sino-British Joint Declaration must be observed. Implement the concept of ‘one country, two systems.'
2. Ensure a high degree of autonomy in the HKSAR and implement the principle of 'Hong Kong people ruling Hong Kong'.
3. Maintain the stability and prosperity of Hong Kong.
4. (Missing point, likely "To uphold the rule of law" or similar, but as per rule 6, we indicate with "...")
My suggestions on the Basic Law listed below are also based on the 4 points mentioned above.
Chapter IV Political Structure
The following 3 points should be considered in the design of the political structure of the HKSAR:
1. Democracy and economy to be developed at the same pace.
2. To maintain a government which will seek a balance of interests among different sectors of society and which will be able to function efficiently.
3. To ensure a smooth transition of Hong Kong (beyond 1997).
Based on the above 3 principles, I would like to put forward the following suggestions regarding the stipulations on the political structure:
Section 1: The Chief Executive & Annex I
Article 45 and Annex I should clearly state that the Chief Executive for the first and second terms shall be nominated by a nominating committee and elected by an election committee. From the third term onwards, the Chief Executive shall be directly elected by all eligible voters of Hong Kong on a one-person-one-vote basis.
Section 3: The Legislature & Annex II
I believe in principle that if the bicameral system proposed by the New Hong Kong Alliance is used as a transitional arrangement in the early years after 1997, it will help to maintain the stability of our society. However, I think that if my other two principles regarding the design of the political structure are to be followed, the bicameral system should be modified in the following ways:
1. As bills may not come into effect until they have been approved by the district chamber and functional chamber (of the legislature), a balancing effect has already been achieved by the bicameral system itself. It follows that all the members of the district chamber should be directly elected so that the democratic system can be developed at a more appropriate pace.
2. In the third term (of the legislature), the Government of the HKSAR shall be in a position to review the composition of the legislature (including the bicameral system) according to the social conditions at that time as well as solicit the opinions of people from all walks of life and then make the necessary alterations. The Central Government shall not interfere with this matter. In other words, after 10 years of steady development and implementation of the democratic system, the Central Government may allow the HKSAR to choose whether to return all the seats of the legislature by direct elections if people from various sectors of our society believe that this method will meet the needs of Hong Kong.
3. In case of failing to achieve a unanimous passage of a particular bill, a coordination committee should be set up by the 2 chambers to recommend programmes to overcome the disparities. The programmes recommended should be submitted to the 2 chambers for re-consideration or the public for consultation before reconsideration if necessary. If the deadlock persists, a joint poll of the two chambers should be held. The bill shall take effect if 2/3 of the ballots are for it.
Chapter II: Relationship between the Central Authorities and the Hong Kong Special Administrative Region
Article 14 deals with the defence of Hong Kong Special Administrative Region. It is understandable and acceptable that China will station its troops in Hong Kong for the purpose of reflecting its sovereignty in the territory. In order to better reflect China's willingness to keep its promise of granting a high degree of autonomy to Hong Kong and to bolster confidence of the local people, it is recommended that only the military headquarters and administrative personnel should be stationed here while other troops be stationed in peripheral areas of the Special Administrative Region. This amendment, I believe, better suits the present situation.
Chapter III: Fundamental Rights and Duties of the Residents
(1) It should be included in Article 28 that 'Hong Kong's legal procedure in regard to "Habeas corpus" is to be maintained' so as to ensure that the current system will be retained.
(2) Freedom of press plays an important role in bolstering confidence and maintaining prosperity of Hong Kong, so stipulation should be provided in this chapter to guarantee freedom of press coverage and release.
(3) To ascertain the Chinese leaders' policy towards Hong Kong SAR, it should be stipulated in this chapter that 'SAR residents are exempted from military service'.
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