TNAG-1331-FCO40-1758-Future-of-Hong-Kong-test-of-the-acceptability-of-the-Joint-D-1984 — Page 319

4.7

IN ORDER TO PROVIDE A SYSTEM OF CHECKS AND BALANCES, AN UNEQUIVOCAL LINE OF ACCOUNTABILITY

BETWEEN THE CHIEF EXECUTIVE AND THE LEGISLATURE

SHOULD BE SPELT OUT IN THE BASIC LAW: AND

FOR THE PURPOSE OF STRENGTHENING THE LINK BETWEEN

CHINA AND HONG KONG, AND TO ENABLE LOCAL VIEWS TO

BE MORE FULLY AND DIRECTLY REFLECTED TO THE CPG,

THE CHIEF EXECUTIVE OR SOME MEMBERS OF THE FUTURE

SAR LEGISLATURE SHOULD BE APPOINTED TO THE

NATIONAL PEOPLE'S CONGRESS.

THE PROVISION FOR THE LEGISLATURE OF THE SARTO

BE CONSTITUTED BY ELECTIONS WAS HAILED BY MANY, INCLUDING MEMBERS OF DISTRICT BOARDS AND THE URBAN COUNCIL AS ''FAR-SIGHTED AND PROGRESSIVE". THERE SHOULD BE (AS THE HONG KONG GOVERNMENT PLANS) A PROGRESSIVE DEVELOPMENT OF A

MORE REPRESENTATIVE LEGISLATURE WITH SEATS FILLED BY DIRECT

ELECTION. AT THE SAME TIME THERE WERE MANY WHO SAID THAT PROSPERITY AND STABILITY MUST NOT BE SACRIFICED TO ACHIEVE

DEMOCRACY IN A HURRY AS THIS MIGHT DAMAGE A GOOD INVESTMENT ENVIRONMENT, HONG KONG WOULD BE OF USE TO CHINA ONLY IF IT

REMAINS PROSPEROUS AND STABLE. THE NEW POLITICAL STRUCTURE

SHOULD BE ESTABLISHED BY THE LAT 80S OR EARLY 90S, SO AS

TO ENABLE HONG KONG PEOPLE TO PRACTISE SELF-ADMINISTRATION

BEFORE 1997.

4.8

THERE HAS BEEN AN INCREASINGLY STRONG AND LOUD

CALL THAT HONG KONG PEOPLE SHOULD NOT ONLY BE CONSULTED BUT ALSO PARTICIPATE IN THE DRAFTING OF THE BASIC LAW, WHICH

SHOULD INCLUDE ALL THE PROVISIONS IN THE DRAFT AGREEMENT. AS THE CHINESE CONSTITUTION IS BASED ON A DIFFERENT POLITICAL IDEOLOGY, IT WAS URGED THAT THE INVOLVEMENT OF THE HONG KONG PEOPLE WAS ESSENTIAL TO ENSURE THAT THE

PRINCIPLES OF THE DRAFT AGREEMENT ARE FULLY REFLECTED IN

THE BASIC LAW. HONG KONG SHOULD BE REPRESENTED BY LAWYERS, LEGAL EXPERTS OF INTERNATIONAL REPUTE, AND PEOPLE FROM

VARIOUS SECTORS OF THE COMMUNITY.

4.9

CONSIDERABLE CONCERN HAS ALSO BEEN EXPRESSED

ABOUT POSSIBLE CONFLICTS BETWEEN THE LAWS CURRENTLY IN FORCE IN HONG KONG, THE BASIC LAW AND THE CHINESE CONSTITUTION. IT WAS SUGGESTED THAT THE BASIC LAW SHOULD

STIPULATE THAT CHINESE LAWS SHOULD NOT APPLY TO HONG KONG.

MOST OF THOSE WHO COMMENTED FAVOURED THE COURT OF FINAL

APPEAL OF THE SAR AS THE FINAL AUTHORITY FOR INTERPRETING

THE BASIC LAW.

SECRET -29-

ISECTION