XN000022-1994-10-31 — Page 8

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MONDAY, OCTOBER 31, 1994 ·

CHAIRMAN: CAN WE GET TO THE POINT?

MRS CHAN: I'LL BE HAPPY TO ANSWER THE QUESTION IF YOU WILL JUST LET ME KNOW WHAT THE QUESTION IS.

QUESTION: SORRY. WOULD YOU COMMENT ON THAT PROPOSITION, OF AN INTERIM GOVERNMENT TO SMOOTH OUT THE TRANSITION BECAUSE THE PRESENT SITUATION SUCH THAT WE DO NOT SEEM TO BE FACING A SMOOTH TRANSITION IN TWO- AND-A-HALF YEAR'S TIME?

IS

MRS CHAN: THE JOINT DECLARATION AND THE BASIC LAW MAKE IT QUITE CLEAR THAT THE BRITISH GOVERNMENT, TOGETHER WITH THE HONG KONG GOVERNMENT. WILL BE RESPONSIBLE FOR THE EFFECTIVE ADMINISTRATION OF HONG KONG BETWEEN NOW AND 1997. THE CONSTITUTIONAL REFORM PACKAGE THAT WE HAVE NOW PUT IN PLACE, WITH THE APPROVAL OF THE LEGISLATIVE COUNCIL, IN OUR VIEW, IS FULLY CONSISTENT WITH THE BASIC LAW, THE JOINT DECLARATION AND THE UNDERSTANDINGS REACHED BETWEEN THE TWO SOVEREIGN POWERS; THEY ARE CLEARLY WHAT THE PEOPLE OF HONG KONG WISH TO HAVE. THE PEOPLE OF HONG KONG WISH TO SEE CONTINUITY IN THE LEGISLATIVE COUNCIL AFTER 1997. AND WE BELIEVE THAT SINCE WE'VE PUT TOGETHER A CREDIBLE PACKAGE, SUPPORTED BY THE PEOPLE OF HONG KONG, AND PARTICULARLY IF THEY ARE SEEN TO BE WORKING SMOOTHLY AND WE HAVE JUST HAD OUR FIRST SET OF ELECTIONS UNDER THE NEW ARRANGEMENTS - THERE IS NO REASON WHY THESE ARRANGEMENTS SHOULD BE DISMANTLED AFTER 1997. I AM SURE THAT THE CHINESE GOVERNMENT WILL WISH TO TAKE INTO ACCOUNT THE VIEWS OF THE HONG KONG PEOPLE.

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QUESTION: MRS CHAN, YOU SAID THAT THE WORDS OF THE RECENT DOCUMENTS SHOULD BE INTERPRETED TO MEAN WHAT THEY SAID. BUT THE PROBLEM REALLY IS: WHAT DO THESE WORDS TRULY MEAN? NORMALLY, THE PARTIES WILL DIFFER AS IN THE CASE OF CONSTITUTING ELECTIONS - ABOUT WHAT WORDS MEAN. SOMETIMES, HOWEVER, THE UK AND CHINA HAVE AGREED ON AN INTERPRETATION OF THE RELEVANT WORDS THAT SEEMS TO BE AT VARIANCE WITH THE MEANING, THE COMMONLY UNDERSTOOD MEANING OF THOSE WORDS, AS IN THE CASE OF THE COURT OF FINAL APPEAL. WOULD YOU COMMENT, PLEASE, ON THE ARRANGEMENTS FOR THE COURT OF FINAL APPEAL WITH RESPECT ΤΟ THE PROCESS OF INTERPRETING THESE VERY IMPORTANT DOCUMENTS?

MRS CHAN: WE BELIEVE THAT THE ARRANGEMENTS, THE AGREEMENT REACHED WITH THE CHINESE IN 1991 OVER THE SETTING UP OF THE COURT OF FINAL APPEAL, IS IN ACCORDANCE WITH THE BASIC LAW. WE FEEL THAT IT IS IMPORTANT, ON THE BASIS OF THAT AGREEMENT, TO TRY AND ENACT THE NECESSARY LEGISLATION AND TO ESTABLISH THE COURT OF FINAL APPEAL BEFORE 1997 SO THAT THE COURT OF FINAL APPEAL HAS THE OPPORTUNITY TO, AS IT WERE, BUILD UP JURISPRUDENCE. AND SO WITH THAT VIEW IN MIND WE HAVE DRAFTED LEGISLATION WHICH WE ARE CURRENTLY CONSULTING WE WILL SHORTLY BE CONSULTING OR HAVE IN FACT CONSULTED THE LEGAL PROFESSION. WE HAVE SHOWN THE DRAFT BILL TO THE CHINESE AND WE VERY MUCH HOPE THAT WE WILL BE IN A POSITION TO ESTABLISH THE COURT OF FINAL APPEAL IN MID-1996.

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QUESTION: CHIEF SECRETARY, WHAT ARE THE PARTICULAR DIFFICULTIES, OR WHAT ARE SOME OF THE PARTICULAR DIFFICULTIES ABOUT WHICH YOU THINK THE PEOPLE OF HONG KONG SHOULD SPEAK, AS YOU SAY, IN A CLEAR WAY SO THAT PEKING IS QUITE CLEAR ABOUT WHAT IT IS THAT PEOPLE HERE REALLY NEED?

/MRS CHAN: