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third, we will work closely with the United States, the European Union and other international partners in monitoring observance of the provisions of the JD in Hong Kong after the handover. The US Administration has already made clear its view that the provisional legislature is "unwise, unjustified, unnecessary". In Dublin the European Council underlined the European Union's full support for the specific status of the SAR and its citizens in all respects, including their right to representative democratic institutions as already established. Within the last week we have been again in contact with these and other major governments to urge them to make known again to the Chinese Government the concern which their plans for the legislature have aroused around the world.
Statement by Hong Kong Government
Following is a statement by the Hong Kong Government on the provisional
legislature:
The Hong Kong Government fully supports the Foreign Secretary's statement on the provisional legislature issued in London earlier today (Friday).
The position of the British Government and the Hong Kong Government on this issue is well known. There is no basis for a provisional legislature in the Joint Declaration or the Basic Law. Its establishment will adversely affect a successful and smooth transition.
If a provisional legislature were to start operating before 1 July 1997, this would only make a bad situation worse. It would confuse the community and place the civil service in a very difficult position. It is also unnecessary: the bulk of any preparatory work for the establishment of the Special Administrative Region Government is for the Chief Executive (Designate) and his team.
Nor is it necessary for the provisional legislature to prepare legislation that may have to be in place on 1 July 1997. Indeed, if a provisional legislature were to involve itself in any legislative process before 1 July 1997, the validity of any legislation resulting from this could be in doubt and vulnerable to legal challenge. It can hardly be in the interest of the Special Administrative Region if its legislative institution and its laws were questioned from day one.
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