XN000022-1994-04-21 — Page 5

-

THURSDAY, APRIL 21, 1994

VERY

SECONDLY, THERE HAS PERFECTLY LEGITIMATELY BEEN A PUBLIC DEBATE FOR SOME TIME AS TO WHETHER THE POWERS OF THE [CAC ARE RIGHT FOR TODAY'S HONG KONG. IT IS BECAUSE OF THAT DEBATE AND BECAUSE OF THE ANXIETIES WHICH SOME PEOPLE HAVE THAT THE POWERS AND FUNCTIONS OF THE ICAC ARE BEING EXAMINED AT THE MOMENT BY A DISTINGUISHED AND INDEPENDENT COMMITTEE. IT WILL REPORT AT THE END OF THE YEAR. AND ITS REPORT WILL BE PUBLIC. BUT THE ICAC DOES NOT OPERATE IN A VACUUM. EVERY [CAC INVESTIGATION IS MONITORED BY THE ICAC OPERATIONS REVIEW COMMITTEE, THE MAJORITY OF WHOSE MEMBERS COME FROM OUTSIDE THE ADMINISTRATION, SO CHECKS AND BALANCES ALREADY EXIST. THE INDEPENDENT REVIEW COMMITTEE WILL CONSIDER WHETHER FURTHER CHANGES NEED TO BE MADE ΤΟ MEET TODAY'S

CIRCUMSTANCES.

THIRDLY. THE BOTTOM LINE IS THIS: DO WE WANT AN ICAC THAT IS CAPABLE OF BEATING CORRUPTION IN HONG KONG OR NOT? IF WE DO AND I BELIEVE THE VAST MAJORITY DO WANT TO KEEP HONG KONG CORRUPTION FREE - THEN WHILE WE MUST CERTAINLY REVIEW THE ICAC'S POWERS AND FUNCTIONS FROM TIME TO TIME, AND WHILE WE MUST TAKE CARE TO KEEP IT INDEPENDENT, WE MUST ALSO GIVE IT OUR STAUNCH SUPPORT AND UNDERSTANDING IN ITS VERY DIFFICULT TASK. THE UNFOUNDED ALLEGATIONS MADE LAST WEEK WILL NOT HELP IN THAT. IF THEY SUCCEEDED IN UNDERMINING PUBLIC CONFIDENCE IN THE LONG-TERM WORK OF THE ICAC, THEN IT WOULD BE A SAD DAY FOR HONG KONG.

WE WILL, AS I SAY, BE CONSIDERING, WITH THE BRITISH GOVERNMENT, CAREFULLY THE RECOMMENDATIONS CONTAINED IN THE FAC REPORT, WE WILL DO SO WITHOUT DELAY. THE ISSUES ARE URGENT ONES, AND WE MUST PRESS AHEAD WITH THEM. I HOPE WE WILL BE ABLE TO ANNOUNCE, IN DETAIL, OUR RESPONSE AND A PROPOSED PLAN OF ACTION BY THE END OF JUNE.

FOLLOWING IS THE TRANSCRIPT OF THE QUESTION AND ANSWER SESSION BY THE GOVERNOR, THE RT HON CHRISTOPHER PATTEN, IN LEGCO TODAY:

MR SZETO WAH (THROUGH INTERPRETER): MR GOVERNOR, I HAVE FOUR QUESTIONS TO ASK. IF YOU ONLY ALLOW ME TO ASK ONE THEN PLEASE PICK ONE OUT OF THE FOUR QUESTIONS I'M GOING TO ASK. FOR THE REMAINING THREE YOU CAN GIVE ME WRITTEN ANSWERS.

THE FIRST QUESTION THE BASIC LAW WAS PROMULGATED IN APRIL 1990, FOUR YEARS HAVE LAPSED. THE FAC SAID ONLY NOW THAT TWO ARTICLES OF THE BASIC LAW WERE AGAINST THE JOINT DECLARATION, DOES THAT MRAN THAT IT 18 BEING SYMPATHETIC ONLY AT TOO LATE AN HOUR?

SECONDLY,

ACCORDING TO THE SEVEN LETTERS BETWEEN THE TWO GOVERNMENTS, WK KNOW THAT WHEN THE BASIC LAW WAS BEING DRAFTED THE CHINESE AND THE BRITISH GOVERNMENTS DID SOME BARGAINING. AT THAT TIME, ON THE TWO ARTICLES MENTIONED BY THE GOVERNMENT MENTION ITS OPPOSITION TO INCLUDING

FAC DID THE BRITISH THAT IN THE BASIC LAW?

/THIRDLY, ARE

L