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MONDAY, AUGUST 14, 1989
"WE NOW NEED TO CONSIDER WHETHER THE BASIC LAW SHOULD DELINEATE MORE CLEARLY THE RESPECTIVE ROLES OF THE PLA AND OUR POLICE FORCE, HE SAID.
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KONG SAR
SOME MORE BASIC QUESTIONS NEEDED TO BE ADDRESSED, FOR EXAMPLE, WAS WHETHER THERE WAS A NEED FOR THE PLA TO BE STATIONED IN HONG IN TIME OF PEACE AND UNDER WHAT CIRCUMSTANCES MIGHT THE GOVERNMENT REQUEST ASSISTANCE FROM THE PLA EITHER FOR THE MAINTENANCE OF PUBLIC ORDER, OR TO ASSIST IN DISASTER RELIEF, MR WIGGHAM SAID.
ANOTHER QUESTION RELATING TO PUBLIC ORDER WHICH HAD
IN RECENT WEEKS GIVEN RISE TO SOME VERY LIVELY PUBLIC DEBATE, MR WIGGHAM SAID, WAS THE POWER OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS TO DECLARE A STATE OF EMERGENCY IN THE SAR (AS PROVIDED UNDER PARAGRAPH 4 IN ARTICLE 18 OF THE DRAFT BASIC LAW),
AND THE ACCOMPANYING POWER OF THE STATE COUNCIL TO APPLY RELEVANT NATIONAL LAWS IN THE SAR.
"THIS WOULD BE A
DEPARTURE FROM THE PRESENT SYSTEM, UNDER
WHICH THE SAME POWER LIES WITH THE GOVERNOR IN COUNCIL.
"AT PRESENT, THE DECLARATION OF A STATE OF EMERGENCY IS ENTIRELY A MATTER FOR HONG KONG, AND THE JOINT DECLARATION HAS PLAINLY PROVIDED THAT THE SAR GOVERNMENT WILL BE FULLY RESPONSIBLE FOR THE MAINTENANCE OF PUBLIC ORDER.
"SO WE NEED TO CONSIDER CAREFULLY WHETHER THE ARRANGEMENT SET OUT IN THE CURRENT DRAFT HAS FULLY REFLECTED THE CORRESPONDING PROVISIONS IN THE JOINT DECLARATION,
H HE SAID.
ON QUESTIONS ABOUT THE CHANCES OF HONG KONG'S SURVIVAL AS A CAPITALIST ENCLAVE IN A PREDOMINANTLY SOCIALIST COUNTRY AFTER 1997, HE SAID THE ANSWER WOULD LIE IN THE SUCCESS OF THE IMAGINATIVE CONCEPT OF "ONE COUNTRY, TWO SYSTEMS", WHICH WAS SANCTIONED BY ARTICLE 31 OF THE CHINESE CONSTITUTION.
"THIS, HOWEVER, HAS NOT PUT EVERYONE'S MIND AT EASE, HE SAID.
"CONCERN HAS BEEN EXPRESSED THAT THE SYSTEMS AND POLICIES SET OUT IN THE BASIC LAW, THOUGH PERMITTED BY ARTICLE 31 OF THE CHINESE CONSTITUTION, ARE AT VARIANCE WITH SOME OF THE OTHER ARTICLES IN THE CONSTITUTION, E.G. ARTICLES 1 AND 5 WHICH FIRMLY ESTABLISH THE SUPREMACY OF THE SOCIALIST SYSTEM.'
"I
MR WIGGHAM SAID FOR THE "ONE COUNTRY, TWO SYSTEMS" TO SUCCEED, HONG KONG'S UNIQUE LIFE-STYLE, FREE MARKET PHILOSOPHY, COMMON LAW SYSTEM AND THE VERY EXTENSIVE RANGE OF BASIC RIGHTS AND FREEDOMS NORMALLY ACCEPTED BY A DEMOCRATIC SOCIETY, MUST
BE DEFENDED AT ALL COSTS.
HE ASKED IF THE SAFEGUARDS IN THE CURRENT FOR THIS PURPOSE, AND IF WE FELT THE NEED FOR SHOULD WE LOOK FOR A SOLUTION WITHIN THE BASIC GIVEN THAT IT WAS ESSENTIALLY A QUESTION OF THE CHINESE CONSTITUTION AND ITS "OFF-SPRING"
DRAFT WERE ADEQUATE GREATER REASSURANCE, LAW OR OUTSIDE IT, COMPATIBILITY BETWEEN THE BASIC LAW.
/ON THE