XN000022-1997-04-23 — Page 19

2.

Mr President, I would now like to comment on a couple of subjects raised by Members in the debate on which the Hong Kong Government has a special interest.

First, on the Provisional Legislature. Some members have touched upon the question of Provisional Legislature. The British Government's and Hong Kong Government's corporate position on the question of Provisional Legislature is well known and consistent all through.

There is no reason for the Provisional Legislature to get involved in any legislative process before 1 July 1997. As far as the British Government and the Hong Kong Government are concerned, any legislative process carried out by the Provisional Legislature before 1 July will have no validity in Hong Kong under our current constitutional framework. We have always made clear our view that any laws processed by the Provisional Legislature prior to 1 July could be vulnerable to legal challenge.

If indeed there were to be legal challenges, that would be a very bad way for the HKSAR to come into being. We therefore urge those who are in a position to make decisions on the Provisional Legislature to act with the greatest prudence in the interest of Hong Kong.

A few members have expressed concern on the preparation for the transition. Mr President, I would like to assure this Council that preparation for a smooth and successful transition is well on track. Through the Joint Liaison Group and other channels, much preparatory work has been done since 1984 to lay a sound, solid foundation for the SAR and the SAR Government. These include work which underpins the continuation of the rule of law, which ensures the continued protection of individual rights and freedoms, which ensures that Hong Kong will remain a leading international economic and financial centre, and which ensures that Hong Kong will continue to have an efficient and dedicated civil service.

For the few transitional issues which are still underway, the British Government and the Hong Kong Government will use their best endeavours to complete them to the maximum extent possible before 1 July.

Mr President, the full and faithful implementation of the Joint Declaration is a historical enterprise. I agree fully with the view expressed by some members that whilst the success of the transition needs the co-operation between Britain and China, we, the people of Hong Kong have a very important role to play. It is us, more than anyone else, who will shape Hong Kong's future and our own destiny. Members can rest assured that their views and concerns raised at this debate will be conveyed to the British Government.

End