TNAG-1233-FCO40-1546-Future-of-Hong-Kong-1983 — Page 13

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The outcome of Mrs Thatcher's visit was never expected to be like this. The reason? Because of difference in the lines of thoughts over the issue. Since the meeting of Lord Carrington with Deng Xiaoping in April 1981, when the famous remark of asking the investors to put their hearts at ease was made, till up to late September 1982, high hopes were harboured by Britain, the HK government and the people of HK. They based their views on economic consider- ations while forgetting political factors which are Peking authorities' prime consideration. In spite of the new party line on modernis ation and emphasis on economic devel- opment, political factors still reign in major issues like unification, sovereignty and Taiwan. The reverse in the unification schedule was also unexpected.

At present, the situation quite clearly indicates that Peking would like to implement the nine-point proposal and the "Hong Kong to be administered by HK people" system in HK and Macao as an example to the people of Taiwan. The Peking authorities have been publicising this idea keenly in recent months and aroused restrained and yet displeased reactions from the HK and British governments.

Let us examine the feasibility of this idea.

For the past 140 years, the laws of HK have followed those of Britain and are recognised by Britain, the British Commonwealth and "non-communist" countries. This legal system has safeguarded HK's foreign trade, economic and financial activities as well as social order and freedom. In the event of China's recovery of HK, its legal system will naturally be subordinate to the constitution of China. Article 31 of the revised constitution of the PRC provides for the establishment of special administrative regions, and Article 62 provides that the National People's Congress exercise the power to decide on the establishment of special administrative regions and their rules and regulation.

That is where the crux of the problem is.

For a nation, all its laws follow its constitution and there cannot be any contradictions between the two. The revised constitution of the PRC so provides also in Article 5: "The state upholds the uniformity and dignity of the socialist legal system. No laws, decrees or statutes shall contradict the constitution".

According to "authoritative persons" like Xi Zhongxun and Liao Chengzhi, all systems in HK will remain unchanged after 1997 In other words, statutes of a capitalistic system will be practised. Will this offend the uniformity and dignity of the socialist legal system?

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Secondly, laws to be applied in special administrative zones will be local laws and regulations and cannot be over and above or contradict stipulations of the constitution.

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