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(1) All the thirty members of the grand electoral college should be elected; and the representatives of the functional constituencies should come from the representatives of different strata and elected by democratic procedures.
(2) The third legislature should be constituted by general election.
(3) The third Chief Executive should be nominated democratically and openly; and 5% of the grand electoral college members should be the requirement from nomination of the Chief Executive candidates.
Mr. Chairman, I believe the present discussion of the political structure is still in a very difficult stage. I still hope to see two things. First, members of the public should actively take part in the discussion and put forward their views. Another thing which is very important is that we must not let other people manipulate our future. Thank you Mr. Chairman.
MR. DANIEL WONG KWOK-TUNG (in English):- Mr. Chairman, after listening to so many valuable opinions of my colleagues, I just want to add a few points and most of them are related to Chapter 2 of the Basic Law and I will try my best to do that as short as possible.
In the beginning, I wish to say that, it is already a fact whether we like them or not after 1997 Hong Kong will become part of China. Therefore, I can understand the argument that the PRC must be able to exercise and be seen to be exercising its sovereignty over Hong Kong after 1997. But when considering the Basic Law, this right of sovereignty must be balanced with the autonomy to be enjoyed by the Hong Kong Special Administrative Region (HKSAR) and the influence of the Chinese Government over the HKSAR must therefore be minimized.
Bearing the above in mind, articles through which China's sovereignty is reflected in the Basic Law cannot be struck out. It is however possible to introduce as much checks and balances as possible to ensure the high degree of autonomy of HKSAR is not unduly interfered with. The following comments are made in light of my above observations.
In Article 14 which states inter alia that in the case of emergency, the Hong Kong Government can request the Chinese army to maintain the laws and orders in HKSAR, however, under which situations the HK Government could request the assistance of the PLA in HK for security reason, must be further elaborated and explained. I consider this discretion must be exercised not by the Chief Executive alone but by the Chief Executive in joint consultation with the Legislative and Executive Councils in HKSAR.
According to Article 17, the Standing Committee of the People's Congress can overrule the laws passed by the HKSAR. I consider the power of the Standing Committee of the People's Congress appears to be excessive. According to this Article, the Standing Committee is only required to seek the views of the Basic Law Committee, which in any event is set up directly under the supervision of the Standing Committee and therefore its independence is doubtful. Further, according to Article 157, the interpretation of the Basic Law rests on the Standing Committee, therefore, this displays what laws are considered to be in conflict and therefore should be revoked.
Article 18 states that the application of national laws and declaration of war and emergency is decided by the Standing Committee. I appreciate that the PRC must exercise its sovereignty over HK. This Article is therefore necessary. However, a severe safeguard is required. Before making such a decision, the Standing Committee should at least be required to consult the Chief Executive and the two Councils to obtain a consensus first.
Article 23 requires the HKSAR to legislate laws to prohibit treason and other similar acts. As I understand, in almost every country there must be law to prohibit treason and other similar acts. This Article is therefore not unsuitable as I first read it. The issue here is how to avoid abuses, particularly since what constitutes treason acts will be defined by the Chinese Government. It is important that a balance must be struck between protection of basic human rights and freedoms, and the prohibition of treason.
Article 30 allows the citizen in HK to enjoy every freedom including, but not limited to, communication and due process of laws, however, it stated clearly the freedom of communication is set to be subject to investigation for security reasons. Such power of investigation must only be exercised by the Government of the HKSAR, otherwise, if the Chinese Government can also enjoy such power, I submit that is a clear conflict with Article 14 of the Basic Law draft.
Finally Article 157 provides that the Basic Law is to be interpreted and elaborated by the Standing Committee upon consultation with the Basic Law Committee, which is its subsidiary. Therefore, there is no independent interpretation.
It is desirable that this power of interpretation of the Basic Law should be vested in the People's Congress rather than just in its Standing Committee. It is further desirable to introduce a degree of independence by removing the Basic Law Committee from the present subordinate status to the Standing Committee.
With respect, Mr. Chairman, that is my contribution to the present debate.
CHAIRMAN (in English):- Does any other Member wish to speak? Does the proposer of the motion wish to exercise his right of reply?
MR. PETER C. K. CHAN (in Cantonese):- Mr. Chairman, if no one objects, I would attempt to submit Members' speeches as soon as possible to the Consultative and Drafting Committees of the Basic Law. Of course, the Secretary would do that too, through the appropriate channels. I have taken notes of what have been said today and I will not go through all the points again. Members of the Drafting Committee will not come to Hong Kong but they will go to Kwangzhou in December and will meet some of our
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