TNAG-1470-FCO40-1999-Visits-by-Chinese-officials-to-Hong-Kong-1986 — Page 67

(K) CIVIL SERVICE

CONFIDENTIAL

19. N A MEETING WITH CIVIL SERVICE UNION LEADERS, LI DUNG WAS TOLD THAT CIVIL SERVANTS SHOULD NOT BE SUBJECT TO POLITICAL

#NFLUENCE AND THEIR EMPLOYMENT SHOULD BE PROTECTED BY THE BASIC LAW. SECRETARY-LEVEL POSTS SHOULD CONTINUE TO BE FILLED BY CIVIL SERVANTS, AND SECRETARIES SHOULD CONTINUE TO BE EX-OFFICIO MEMBERS OF LEGCO. THE BASIC LAW SHOULD STATE THAT HONG KONG CIVIL SERVANTS WOULD NOT BE TRANSFERRED TO MAINLAND CHINA UNLESS THEY VOLUNTEERED FOR THIS. IT SHOULD ALSO SPECIFY THE RIGHTS OF CIVIL SERVANTS TO RECEIVE PENSIONS. ONE UNIONIST SAID THAT CIVIL SERVANTS SHOULD BE PERMITTED TO STAND FOR ELECTION: 1F ELECTED, THEY SHOULD BE GRANTED EARLY RETIREMENT. IN RESPONSE TO LU PING'S QUESTION, HE WAS TOLD THAT WHILE AS A GENERAL RULE CIVIL SERVANTS WERE NOT PERMITTED TO OPENLY CRITICIZE THE IP DEPARTMENTS, CIVIL SERVICE UNIONS WERE FREE TO AIR THEIR VIEWS AND THIS FREEDOM SHOULD BE PRESERVED AFTER 1997. THE CHAIRMAN OF THE ASSOCATION OF EXPATRIATE CIVIL SERVANTS STATED THAT LOCALIZATION' SHOULD NOT BE WRITTEN

INTO THE BASIC LAW.

་་

(L) INTERPRETATION AND AMENDMENT OF THE BASIC LAW

20. THE GENERAL VIEW EXPRESSED WAS THAT THE POWER OF INTERPRETING AND AMENDING THE BASIC LAW SHOULD BE CLEARLY STATED IN THE BASIC LAW. THERE WAS FULL SUPPORT FOR THE HKSAR TO HAVE THE POWER OF JUDICIAL INTERPRETATION OF THE BASIC LAW. THE CONSENSUS OF VIEWS WAS THAT WHILE THE CPG SHOULD HAVE THE FINAL SAY ON MATTERS RELATING TO DEFENCE AND FOREIGN AFFAIRS, THE COURT OF FINAL JURISDICTION IN THE SAR SHOULD HAVE THE POWER OF INTERPRETING THE OTHER PROVISIONS OF THE BASIC LAW. ONE ACADEMIC SUGGESTED THE SETTING UP ON A COMMITTEE UNDER THE NPC COMPRISING MAINLAND OFFICIALS AND SAR REPRESENTATIVES TO INTERPRET THOSE PAPTS OF THE BASIC LAW RELATING TO THE INTERESTS OF THE CENTRAL GOVERNMENT. OTHERS HAVE SUGGESTED THAT A HONG KONG AFFAIRS COMMITTEE SHOULD BE SET UP UNDER THE NPC TO HARMONZIE RELATIONSHIP BETWEEN CPG AND HKSAR. A FEW COMMENTED ON AMENDMENTS TO THE BASIC LAW: SOME SUGGESTED THAT THE NPC SHOULD NOT INTRODUCE AMENDMENTS TO THE BASIC LAW UNLESS THEY WERE INITIATED

· OR PROPOSED BY THE HKSAR.

(M) BASIC LAW: FUTURE WORK PROGRAMME

21. THERE WAS GENERAL SUPPORT FOP THE SUGGESTION THAT THE SECTION ON POLITICAL SYSTEM OF THE BASIC LAW SHOULD BE PUBLISHED IN 1987 TO ENSURE CONVERGENCE WITH THE REVIEW ON REPRESENTATIVE GOVERNMENT. SOME BLCC MEMBERS WERE, HOWEVER, REPORTED TO HAVE ARGUED AGAINST THIS ON THE GROUNDS THAT CONVERGENCE WOULD FOLLOW SINCE BOTH SHOULD BE BASED ON THE WISHES OF HK PEOPLE. MARTIN LEE ALSO REMARKED CRITICALLY THAT BLDC MEMBERS WERE NOT CONSULTED ON LU PING'S VISIT, AND SAID THAT OPINION-GATHERING SHOULD BE THE WORK OF BLCC AND NOT THE BLDC SECRETARIAT. SZETO WAH SUGGESTED THAT THE APRIL MEETING OF THE BLDC SHOULD REVIEW THE DIVISION OF WORK BETWEEN HONG KONG-BASED AND MAINLAND-BASED BLDC MEMBERS, AND BETWEEN BLDC AND BLCC MEMBERS IN HK, AS WELL AS THE SETTING UP OF SPECIALIST SUB-GROUPS.

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