XN000022-1996-04-18 — Page 9

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The honourable gentleman asks about our attitude to the provisional legislature - if there is one. There is only one Legislative Council constitutionally in Hong Kong before 30 June 1997. There can only be one Legislative Council in Hong Kong. If there is a provisional legislature it may have some constitutional or legal position in China but before 30 June 1997 it has no constitutional or legal position here in Hong Kong. It can't make laws though I concede this Chinese body could make

recommendations.

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The Joint Declaration is entirely clear on the point. I draw the honourable member's attention to Article 30 of the Joint Declaration which underlines who is responsible for the administration of Hong Kong until 30 June 1997 and which makes it clear that the Government of China should co-operate with us in our responsibilities for administering the territory.

So that is my position: there is one Legislative Council in Hong Kong while I am Governor and that is the Legislative Council here. And anybody who dismantles that, anybody who seeks to set up another Legislative Council, will have to justify that and will have to tell people why it is morally, politically and legally acceptable.

Mr Allen Lee: A point of order because the Governor said under his governorship there will be one Legislative Council. Yes, it is true. Yet the provisional legislature is the provisional legislature after 1997, July 1, and that is when the Governor leaves Hong Kong and that is the case, it is not confusing the issue the provisional legislature is here before July 1, 1997. It may be elected before but to make laws after 1997.

Governor: Well --

The President: Governor, please hold on a minute.

Governor: Can I --

The President: Mr Lee, you have not raised a point of order. I am not here to rule on law, I am here to rule on order only. But you have slipped in a question.

Governor: I assume that since that was a point of information, what we have just heard from a member of the Preparatory Committee is that no provisional legislature would operate before 30 June 1997. That is what the honourable gentleman has said. It is a confirmation, of course, of the position under the Royal Instructions, The Letters Patent and the Joint Declaration, and I am delighted to hear it.

Mr Allen Lee: Mr President, can I make one statement?

The President: Mr Lee, I am sorry.