TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 62

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THE JOINT DECLARATION

4. UNDER ARTICLE 3(12) OF THE JOINT DECLARATION THE POLICIES STATED

IN THE DECLARATION AND ELABORATED IN ANNEX I TO THE DECLARATION

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WILL BE STIPULATED IN THE BASIC LAW: THE JOINT DECLARATION CONTAINS

A NUMBER OF PROVISIONS ON THE STRUCTURE AND OPERATION OF THE FUTURE

SAR GOVERNMENT. THESE ARE :

(A) EXCEPT FOR FOREIGN AND DEFENCE AFFAIRS WHICH ARE THE RESPONSIBILITIES OF THE CENTRAL PEOPLE'S GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA, THE HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL BE VESTED WITH INDEPENDENT EXECUTIVE LEGISLATIVE AND JUDICIAL

POWER INCLUDING THAT OF FINAL ADJUDICATION:

(B) THE GOVERNMENT AND LEGISLATURE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL BE COMPOSED OF LOCAL INHABITANTS:

(C) THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL BE SELECTED BY ELECTION OR THROUGH CONSULTATIONS HELD

LOCALLY AND BE APPOINTED BY THE CENTRAL PEOPLE'S GOVERNMENT:

(D) THE LEGISLATURE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL BE CONSTITUTED BY ELECTIONS. LEGISLATIVE POWERS

SHALL BE VESTED IN THE LEGISLATURE:

(E) THE EXECUTIVE AUTHORITIES SHALL ABIDE BY THE LAW AND SHALL BE

ACCOUNTABLE TO THE LEGISLATURE.

THE CONVERGENCE

5. FOR CONVERGENCE TO BE ACHIEVED ACCOUNT WILL NEED TO BE TAKEN OF (NEXT TWO WORDS UNDERLINED) INTER ALIA THE FOLLOWING FACTORS:

(A) THE PROVISIONS IN PARAGRAPH 3 AND ANNEX 1 TO THE JOINT DECLARATION ABOUT THE BASIC POLICIES OF THE PRC REGARDING HONG

KONG.

(B) PARAGRAPH 4 OF THE JOINT DECLARATION, WHICH STATES THAT, DURING THE TRANSITIONAL PERIOD, THE GOVERNMENT OF THE UNITED KINGDOM WILL BE RESPONSIBLE FOR THE ADMINISTRATION OF HONG KONG WITH THE OBJECT OF MAINTAINING AND PRESERVING ITS ECONOMIC PROSPERITY AND SOCIAL STABILITY: AND THAT THE GOVERNMENT OF THE PRC WILL GIVE ITS CO-OPERATION IN THIS CONNECTION. THE GOVERNMENT OF THE UNITED KINGDOM WILL NOT BE ABLE TO DISCHARGE THIS OBLIGATION UNELSS THE GOVERNMENT OF HONG KONG RETAINS ITS FULL AUTHORITY. THE GOVERNMENT OF HONG KONG WILL NOT BE ABLE TO RETAIN ITS FULL AUTHORITY UNLESS IT REMAINS RESPONSIVE TO THE EVOLUTION OF OPINION IN HONG KONG, ON CONSTITUTIONAL AS WELL AS OTHER ISSUES.