TNAG-1454-FCO40-1976-Hong-Kong-oath-taken-by-members-of-Executive-and-Legislative-1986 — Page 34

ON 19/6. DIRECTOR OF IMMIGRATION, ALAN CARTER, WOULD LEAD A FOUR

MEMBER DELEGATION TO PEKING TO TAKE PART IN THE MEETING. THE

HONG KONG TEAM WOULD PRESENT THE PROPOSED DESIGN OF THE NEW HONG

KONG 4D CARDS TO THE CHINESE SIDE. THE DEFINITION OF ''PERMANENT

RESIDENTS OF HONG KONG'' AND AMENDMENTS TO LOCAL IMMIGRATION LAWS

WOULD BE DISCUSSED.

4. BASIC LAW: DETAILS OF THE DISCUSSION BETWEEN A BLCC

DELEGATION AND BLDC SECRETARY L HOU AND DEPUTY SECRETARY GENERAL

LU PING WERE REPORTED ON THE DELEGATION'S RETURN FROM PEKINNG

ON FRIDAY. MR. LI SAID THE SAR LEGISLATURE AND THE EXECUTIVE

AUTHORITIES WOULD BE OF EQUAL STATUS. THE LEGISLATURE WOULD NOT

HAVE THE POWER TO CAST A VOTE OF NO-CONFIDENCE ON THE EXECUTIVE,

THE EXECUTIVE WOULD NOT HAVE THE POWER TO DISSOVE THE LEGISLATURE.

THE EXECUTIVE WOULD HAVE TO PRODUCE REGULAR POLICY REPORTS TO THE

LEGISLATURE AND WOULD ANSWER QUESTIONS RAISED BY IT. THE LEGISLATURE

WOULD HAVE THE POWER TO EXAMINE THE GOVERNMENT'S BUDGET AND APPROVE

GOVERNMENT EXPENDITURE. IT WOULD ALSO HAVE THE POWER TO IMPEACH

THE CHIEF EXECUTIVE AND PRINCIPAL OFFICERS OF THE SAR GOVERNMENT

IF THEY COMMITTED CRIMES. MR. LA SAID THE POWERS OF THE SAR CHIEF

EXECUTIIVE WOULD NOT BE AS GREAT AS THOSE OF THE GOVERNOR OF HONG

KONG. WE WOULD NOT BE GIVEN THE POWER TO DISBAND THE LEGISLATURE.

THE GOVERNOR, SIR EDWARD YOUDE, SAID THAT THE FUTURE RELATIONSHIP

BETWEEN THE EXECUTIVE AND THE LEGISLATURE WAS SET OUT IN THE JOINT

DECLARATION WHICH SAID THE EXECUTIVE WOULD BE ACCOUNTABLE TO THE

LEGISLATURE. THE ECONOMIC JOURNAL REPORTED THAT SOME BLCC MEMBERS

HAD PROPOSED THREE METHODS FOR SELECTING THE CHIEF EXECUTIVE :

POPULAR ELECTIONS: ELECTION BY LEGCO MEMBERS: AND ELECTION BY A

REPRESENTATIVE BODY FOR APPOINTMENT BY THE CENTRAL GOVERNMENT.

LU PHING WAS SAID TO PREFER THE THIRD OPTION. THE POSSIBILITY OF

AN ELECTORAL COLLEGE COMPRISING LEGCO MEMBERS, URBCO MEMBERS, DB

MEMBERS AND FUNCTIONAL CONSTITUENCY REPRESENTATIVES CHOOSING THE

CHIEF EXECUTIVE WAS DISCUSSED. MR. LU PING SAID HONG KONG PEOPLE

WOULD HAVE TO GIVE CAREFUL CONSIDERATION AS TO WHETHER HONG KONG WOULD BENEFIT IF THERE WERE POLITICAL PARTIES AFTER 1997. MR. LIM

HOU SAID THAT LEGISLATION PASSED BY THE SAR LEGISLATURE WOULD NOT REQUIRE RATIFICATION BY THE NPC TO COME HINTO FORCE. NEITHER WOULD

*T BE AMENDED BY THE NPC. LEGISLATION WHICH WENT AGAINST THE

BASIC LAW WOULD BE REGARDED AS NULL AND VOID. MR. LA REITERATED

THAT THE CENTRAL GOVERNMENT'S POWERS OVER THE HONG KONG SAR WOULD

FALL INTO FOUR CATEGORIES: DEFENCE, EXTERNAL AFFAIRS, THE APPOINTMENT OF THE CHIEF EXECUTIVE, AND THE DRAFTING OF THE BASIC LAW. THE

CONCEPT OF RESIDULA POWERS DND NOT APPLY TO HONG KONG, HE HIT WERE

FOUND IN THE FUTURE THAT SOME POWERS WERE NOT COVERED BY THE

BASHC LAW, THESE POWERS WOULD BELONG TO THE CENTRAL GOVERNMENT. ACCORDING TO THE ORIENTAL DAILY NEWS, SENIOR EXCO UNOFFICIAL SIR

S.Y. CHUNG SAID IN LONDON THAT HE WAS OPTIMISTIC THAT CHINA WOULD

ACCEPT PARTLY, IF NOT WHOLLY, A SUGGESTION THAT A COMMITTEE

COMPRISING CHINESE PEOPLE OF INTERNATIONAL STANDING BE SET UP

TO MONITOR THE DRAFTING AND ENFORCEMENT OF THE BASIC LAW. DEPUTY

SECRETARY GENERAL OF THE BLCC SU SAHN-POR SAID SPECIAL CHANNELS

SHOULD BE SET UP TO DEAL WITH PROBLEMS THAT MIGHT OCCUR DURING THE

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