XN000022-1997-01-20 — Page 3

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These proposals will also lead to new and damaging uncertainties about Hong Kong's laws and legal system. What could happen if, absurdly, the SAR authorities decided to use repressive new public order laws to prosecute someone for holding a peaceful but unlicensed march on July 2. Would the legal basis for that prosecution be open to challenge under the BL, and if so, how would the courts respond to such a challenge? These are legitimate questions which will now be asked in response to the Sub-Group's recommendations.

So these proposals are bad news. They strike at the heart of Hong Kong's civil liberties. They appear to be based on politically motivated pretexts rather than real inconsistencies with the BL. They also fly in the face of the clear and deeply held views which the community has expressed in discussion of these matters over the years. And they are a recipe for confusion and uncertainty in the operation of our legal system after June 30.

The Hong Kong and British Governments have taken every available opportunity to urge the Chinese authorities to reject earlier proposals to gut the Bill of Rights and to reinstate obsolete legislation which has been shown to be inconsistent with the Covenants. We will now go back to them to underline in unambiguous terms the damage which these proposals, if adopted, will do to confidence in Hong Kong, both at home and abroad. In doing so, we will urge that China draw back from accepting the misguided and damaging advice now being put forward by the Legal Sub-Group of the Preparatory Committee.

Let me make one further point about this ill-judged activity in the Preparatory Committee. We now have a Chief Executive (Designate). He is in the process of putting together his administration. It should be for them - the Chief Executive and his team to consider what, if any, changes need to be made to the laws and policies of Hong Kong. Under the JD and BL Hong Kong people are to be trusted to run Hong Kong. Civil liberties are plainly nothing to do with foreign affairs or defence. It really is about time that Chinese officials and the Preparatory Committee stopped trying to close off options for the SAR Government and stopped creating problems which that government will have to cope with after the handover. It should be for Mr Tung and his team, once in office, to take decisions freely on how they wish to administer Hong Kong."

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