XN000022-1997-04-16 — Page 7

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Response to questions on Right of Abode

In response to press enquiries on whether the Government would publish a White Bill on right of abode now, a Government spokesman today (Wednesday) explained that the White Bill proposal was made in an attempt to resolve the differences between the two sides.

"We have made it clear to the Chinese side that the proposal comprises two elements that a White Bill would be published by end May/early June, and that the Chinese side would take no action to begin any legislative process before July 1. 1997.

"As the Chinese side could not accept this proposal and insisted on beginning the legislative process before July 1, we would not be publishing a White Bill. Instead, we will publish a Blue Bill on June 30, 1997 so that, on or shortly after July 1, the SAR Government will have a detailed and comprehensive bill to put to the SAR legislature of the day to process.

"Our White Bill proposal remains on the table and we hope the Chinese side would reconsider their position," the spokesman said.

Noting that there were views that the Government should pass a bill to the CE(des)'s Office to help the CE overcome the problem of manpower shortage, the spokesman clarified that no bill White or Blue on right of abode issues has been drafted yet. But the Government will now start to draft a Blue Bill, so that it will be ready for publication on June 30.

The spokesman added that the Hong Kong Government would not do anything to undermine the fact that up to June 30 the existing Legislative Council is the sole body with a legislative function in Hong Kong.

"We would not do anything to facilitate the commencement of legislative procedures by the provisional legislature," he said.

The spokesman said that for the PL to legislate before July 1, 1997 would attract legal challenge in this litigious field.

"The SAR Government may well have to face a larger number of lawsuits, many of which will contest the SAR Government's decisions on the ground that the legality/validity of the legislation on which the decisions are based is in doubt," he

said.

The Government also hopes that the Chinese side will put aside the difference on how to legislate on Right of Abode issues, and continue discussion of the few remaining substantive issues. Satisfactory resolution of these issues will facilitate the drafting of a complete bill.