XN000022-1995-12-14 — Page 5

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Now I add two things. First of all, as the Honourable gentleman knows, I don't agree with him that after 1997, the agreement made this summer on the Court of Final Appeal means that anyone who wished could drive a coach and horses through the English common law in Hong Kong. I think it is defeatist to take the view that the tensions which undoubtedly exist between the Basic Law, Hong Kong's constitution and the common law won't be worked out in the courts, in the independent courts, by an independent judiciary, here in Hong Kong. I think that's an important point for us to recognise.

Secondly, I'm sure that the international community will understandably express its concern about Mr Wei's position. The British Government, the present sovereign power in Hong Kong, was associated, strongly supported, the European Union initiative that was made on Mr Wei's behalf in early December, and I am sure will be discussing with its European colleagues and with others what more can be done to try to persuade the Chinese authorities that what has happened to Mr Wei is understandably a matter of international concern and a matter which inevitably affects people's attitudes towards the PRC, a great country which surprises many people when it behaves in this way. Those who have understandable cause to be most clearly concerned are the people of Hong Kong because 1997 is an event in our calendar, not in anyone else's.

Mr Cheung Man-kwong (in Chinese): Mr President, Article 23 of the Basic Law says that in relation to any act of treason, secession, sedition, subversion, then there can be law against the central people's government and then the PWC considers that probably this will have to be taken up after 1997. So the question is, will you continue, at the forum of JLG, continue to talk to the Chinese authorities in relation to Article. 23 and relevant law? And is it possible that before 1997, we can establish legislation because when we talk about treason, secession, sedition and subversion, there might be great impact on people with dissenting views, after 1997?

Governor: That is certainly what we would like to be able to do. We've put a number of proposals to Chinese officials in the JLG, for example on official secrets as well as the matters that the honourable gentleman has mentioned. Our proposals are, in our judgement, entirely in line with the international covenants and with the Joint Declaration and the Basic Law and I hope that we can make progress on them.