HONG KONG URBAN COUNCIL
367
With the termination of the colonial rule, the future SARCE should, in my opinion, be elected through general election by the public. However, it is unfortunate that the first locally-elected CE is created behind closed doors through a game of pseudo-election by a small circle of 400 Hong Kong people. When compared with the appointment of the Governor under the colonial reign, it is like the case of a pot calling a kettle black. The general public and the one-million-odd eligible voters are still deprived of their voting rights. The peculiarity of the election of SARCE lies in the fact that it involves several tiers of appointment. Members of the National People's Congress are responsible for the appointment of the Members of the SAR Preparatory Committee who in turn appoint people to the Selection Committee. These 400 Members of the Selection Committee finally elected the CE behind closed doors on behalf of all the eligible voters of Hong Kong. Now the CE has been officially elected and Ms. Christina TING has also extended her congratulation to Mr. TUNG Chee-hwa for his appointment as the SARCE just now. In fact, her congratulation can come much earlier. On the day when Chairman JIANG Ze-min asked for Mr. TUNG among a congregation of people and shook hands with him, it already signified his appointment by those on the top. As for the other candidates, they were undoubtedly playing supporting roles like a clown. However, there would always be someone to take up this kind of supporting roles which may even be regarded as a good job by some!
What is more depressing is that on 1 July 1997, the Chinese Government will overthrow the existing Legislative Council which is elected by more than one million voters. She will then appoint a so-called provisional legislature, which goes against the Sino-British Joint Declaration as well as the Basic Law drawn up by herself. According to Article 12 of the Sino-British Joint Declaration and the explanatory notes on Annex I of the Declaration, the basic policy of the Chinese Government towards Hong Kong should be drawn up by the National People's Congress of China with reference to the Basic Law and should remain unchanged for 50 years. Annex I of the Joint Declaration only states that the legislature of HKSAR will be set up through election without any reference to the establishment of a Provisional legislature. Both the Joint Declaration written down in black and white and the promise of no change for 50 years have been violated by the establishment of the Provisional Legislature. In fact, the Basic Law has not mentioned the establishment of a provisional legislature either. According to Annex II of the Basic Law, the first Legislative Council will be set up in accordance with the 'Procedures of the National People's Congress for the Establishment of the First Government and Legislature of HKSAR”. It is specified that the first legislature will be set up through direct election by geographical constituencies as well as election by the Election Commission and functional constituencies. There is neither the reference to a Provisional legislature nor a new legislature to be appointed by Members of the Selection Committee. In fact, the same document has specified that Members of the Preparatory Committee should set up the SAR Government in accordance with the above decisions. As for the Selection
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