XN000022-1988-07-13 — Page 3

WEDNESDAY, JULY 13, 1988

2

MISS DUNN POINTED OUT THAT THE REALITY OF HONG KONG'S PRESENT CONSTITUTIONAL ARRANGEMENTS WAS, IN IMPORTANT WAYS, DIFFERENT FROM THE TEXT OF ITS CONSTITUTION IN THE LETTERS PATENT AND ROYAL INSTRUCTIONS TO THE GOVERNOR WHICH WERE DRAFTED IN THE 19TH CENTURY AND REPRESENTED AN "OUTMODED FORM OF COLONIAL RULE".

THE MOST IMPORTANT OF THE EXTRAORDINARY POWERS GIVEN TO THE GOVERNOR HAD FALLEN INTO DISUSE, PARTICULARLY SINCE THE SECOND WORLD WAR, EXAMPLES BEING HIS POWER OF VETO OVER ALL LEGISLATION AND ΤΟ REJECT THE ADVICE OF THE EXECUTIVE COUNCIL.

"ALL THE RECENT GOVERNORS HAVE ACCEPTED THE WELL-ESTABLISHED CONSTITUTIONAL CONVENTION THAT THEY CANNOT OVER-RIDE EITHER SHE SAID.

COUNCIL,

|

NOT

"IN SHORT, THE GOVERNOR TODAY IS A PART OF THE GOVERNMENT, AN ABSOLUTE SOURCE OF POWER ALTHOUGH LIKE THE CHIEF EXECUTIVE OF THE FUTURE, HE STILL WIELDS A GREAT DEAL OF POWER AND INFLUENCE.

-

H

IN OTHER WORDS, THE TREND IN RECENT TIMES HAD BEEN FOR AUTHORITY TO BE TRANSFERRED FROM LONDON TO HONG KONG, AND HONG KONG ALREADY ENJOYED A HIGH DEGREE OF AUTONOMY IN ITS INTERNAL AFFAIRS AND

ITS EXTERNAL COMMERCIAL AFFAIRS,

MISS DUNN URGED THE DRAFTERS OF THE BASIC LAW TO TAKE ACCOUNT OF THESE PRESENT REALITIES. "OUR FUTURE CONSTITUTION SHOULD PROVIDE FOR THE CONTINUATION AND FUTURE DEVELOPMENT OF OUR EXISTING AUTONOMY, AND OF THE BALANCE OF POWER THAT SERVES US SO WELL, SHE SAID.

MISS DUNN BELIEVED THAT THE BASIC LAW SHOULD BE CONCERNED WITH "PRINCIPLES" AND NOT "POLICIES".

THE BASIC LAW WOULD BE HONG KONG'S FUTURE CONSTITUTION, AND CONSTITUTIONS WERE ALL ABOUT THE PRINCIPLES BY WHICH A STATE OR TERRITORY SHOULD BE GOVERNED, ABOUT THE DEVOLUTION AND THE DISTRIBUTION OF POWER, THE LIMITS OF POWER, THE RIGHTS AND DUTIES OF THOSE WHO EXERCISED POWER AND OF THE INDIVIDUAL CITIZEN, SHE POINTED OUT.

SHE THEREFORE MAINTAINED THAT THE BASIC LAW SHOULD IMPLEMENT THE PROMISES IN THE JOINT DECLARATION, BUT IT SHOULD NOT TRY ΤΟ LAY DOWN IN ADVANCE THE POLICIES WHICH FUTURE GOVERNMENTS SHOULD PURSUE.

"POLICY WILL NEED TO BE DECIDED BY THE GOVERNMENT OF THE DAY IN THE LIGHT OF UNFOLDING CIRCUMSTANCES,

.. SHE SAID.

"THE HANDS OF FUTURE SAR GOVERNMENTS OUGHT NOT BE TIED TO PARTICULAR POLICIES WHICH MAY APPEAL NOW, BUT WHICH COULD BE INAPPROPRIATE AND BURDENSOME AND THE CAUSE OF LEGAL WRANGLES IN TIMES TO COME."

/MISS DUNN