XN000022-1996-05-13 — Page 8

7-

And so against that background it seems to me, personally, to be particularly important that we do not always condemn the Chinese, that we should seek always to try and explain why our systems are different, why it is in China's own interest that they should allow the differences in the two systems to exist and indeed to continue, because that clearly is the basis for ensuring Hong Kong continues to prosper. And if Hong Kong continues to prosper and to grow, then clearly that would also be of direct benefit to China, given our increasingly close economic relationship.

But explanation on its own and understanding and patience on our part are not in themselves adequate. The fact is that time is rapidly running out. We only have just slightly over 400 days to put in place all the necessary mechanisms that will enable the SAR to exercise a high degree of autonomy. I think we increasingly require Chinese leaders to show more co-operation. We require Hong Kong people, particularly Hong Kong people who have dealings with China, to be more prepared to stand up, as I said in my speech, to defend and to explain our autonomy.

Of course the Chinese may have different points of view on what is best for Hong Kong. That arises largely out of a lack of understanding of our systems. Hong Kong people who have dealings with China understand very well our systems. It is really largely up to them to try and explain the differences and to defend our autonomy. The fact that the Chinese may say let's do it a particular way, does not necessarily mean that that is the best way. Of course we have to seek to persuade the Chinese that our way is a better way of doing it. But unless people in Hong Kong are prepared to express views and express them honestly, they are not going to improve their comprehension and understanding of our systems and our way of life.

A delegate from Pakistan: Mr President, as earlier the Honourable Mrs Anson Chan referred, the main factor, the first factor of the progress of Hong Kong is the rule of law. Can you tell us about after 30 June 1997, about your Judiciary system? You see, for the rule of law you need an independent unbiased Judiciary and what will be the system of appointment on the basis of seniority, on the basis of likeness of the Government?

-

Chief Secretary: The independence and impartiality of the Judiciary, according to the Basic Law and the Joint Declaration, will be maintained both before and after 1997. The courts of Hong Kong currently, of course, operate on the principle of complete independence from the Executive and Legislative Branches of the Government. This principle is of course fundamental to the Common Law system that is practised here in Hong Kong and I have just explained that the Common Law will continue to be practised in Hong Kong after 1997.