XN000022-1997-03-19 — Page 22

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Government's position on provisional legislature well known

Following are a question by Dr the Hon Yeung Sum and a reply by the acting Secretary for Constitutional Affairs, Mr Clement Mak, in the Legislative Council today (Wednesday):

Question:

It is learned that someone in the capacity as a member of the provisional legislature has set up a member's office in the territory. In this connection, will the Government inform this Council whether:

Reply:

(a)

(b)

any person in the capacity as a member of the provisional legislature is permitted to establish a provisional legislature member's office in the territory, or to use the premises of a publicly-funded office of a member of the territory's various assemblies for setting up a provisional legislature member's office, before 1 July 1997; if not, whether legal action will be taken against the person concerned; and

it will raise this issue in the Sino-British Joint Liaison Group and urge the Chinese Government to honour the undertaking made by the Chinese Foreign Minister and to ensure that the provisional legislature will not operate, not even by way of setting up provisional legislature members' offices in the territory, before 1 July 1997?

I would like to take part (b) of the question first. The position of the British Government and the Hong Kong Government on the question of the provisional legislature is well known. It has been set out comprehensively in two statements issued on 20 December 1996 by the two governments. That remains our position. We see no basis in the Joint Declaration or the Basic Law for a provisional legislature nor do we see any justification for it. Up to 30 June 1997, the only constitutional legislature in Hong Kong is this Legislative Council.

We have, on various occasions, made clear our position to the Chinese government. The subject was raised at Ministerial level. It was also raised during the recent meeting in Singapore between the Foreign Secretary and Vice Premier QIAN Qichen. The subject was also raised at the Joint Liaison Group and through other channels. We will continue to make known our position whenever opportunities arise, and remind the Chinese side of the assurance given by Vice Premier QIAN that, before 1 July 1997, only the Governor, the Privy Council and the Legislative Council will exercise power in Hong Kong.