TNAG-1310-FCO40-1667-Future-of-Hong-Kong-1984 — Page 210

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HONG KONG LEGISLATIVE COUNCIL 14 March 1984

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The confidentiality veil is unfortunate but perhaps necessary. Logically, as lks directly concern the future of Hong Kong, the people certainly have the right to know what is going on. On the other hand, it would be obviously undesirable to reveal the contents of the talks after the conclusion of each round. Apparently, there is no easy way to overcome this dilemma. However, any agreed proposals for the future should be made public as soon as possible.

Various groups

Hong Kong have already made their views known on the main issue. The consensus seems to suggest that the majority would like the present way of life to be maintained. There is evidence to believe that the views of the people of Hong Kong have been taken into account by both the British and the Chinese Governments in their search for an acceptable solution.

To some extent, this is reflected in the message given by Chinese officials to a delegation of the Hong Kong Federation of Students which visited Peking in July 1983. The message is widely regarded as China's 10-point plan for post- 1997 Hong Kong.

The plan no doubt incorporates many of the fundamental elements that constitute a free and autonomous society. In maintaining the continued success of Hong Kong, a vital element is the expertise to manage our public affairs prudently within the framework of an independent and impartial judicial system. Hong Kong is fortunate to have such expertise and judicial system and it is important to ensure that these will continue to be available in the years ahead.

Under the Chinese plan, Hong Kong can keep all its present laws except those which are in contradiction with Chinese sovereignty over the region. Hong Kong laws are promulgated in English and the wealth of Commonwealth legal cases, which are frequently cited in court, often facilitate judicial decisions. Legal language is highly complex and technical. It would be unrealistic to expect legal documents and proceedings to achieve the same high standard and degree of accuracy if the original language is not used. Such limitation applies to the subject matter itself as well as to those practising it. The process of conversion from one language to another takes time and it would be in terms of decades not years. For legal practitioners, the adaptation process may not be easy. In the interest of efficiency and expediency, it may be desirable to accord English language legal status if sovereignty reverts to China. A generous period might perhaps be allowed for conversion and adaptation. A further point to consider is that in Hong Kong's unique position as a cosmopolitan city with a fairly large foreign population, the use of a language which most foreigners understand would greatly facilitate the conduct of business and promote better and closer understanding. Language is only a vehicle for expression and flexibility in this regard would certainly enhance Hong Kong's prosperity.

It will take time and careful thought to resolve the various issues and devise ways and means to ensure that any proposals for the future will work smoothly

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