TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 139

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HONG KONG LEGISLATIVE COUNCIL · 13 July 1988

On political structure, I agree to the separation of powers but we must maintain neutral checks and balances. But on the two chapters concerning political chapters and duties and freedom there is no prohibition mentioned on the formation of political parties. The formation of political parties is still allowed 'when the necessity arises'. Talking about the selection of a Chief Executive and the formation of the legislature, these are contained in Annex I and Annex III, and we can amend these articles through the legislature, and the Chief Executive should also enjoy the power of revising these articles. Only thus, can we adapt the 50 years time? We have been talking about the idea of general election, and I do not want to wait too long before we can have a general election in Hong Kong, but we have been debating this for a very long time, since 1984, and if we debate this again this afternoon we may not arrive at a consensus, so the Hong Kong people may not really want us to debate this.

Sir, our political ideas may become the focus of our discussion and debate, but there is something more important, and that is the formation of the Committee of Baisc Law, its relationship to the Standing Committee of the National People's Congress and also the number of votes needed to endorse a proposed or report submitted from the Committee of Basic Law.

The power of the Chief Executive and of the executive authorities will be checked by the legislature elected and I will not comment on any particular alternative which will give us a more effective legislature. After all any party that can have 50 per cent of the votes in the legislature can control the legislature. and the decision of the Chief Executive and the executive authorities will be influenced by the legislature. We know that the decision of the Baisc Law Committee is very important on questions such as the interpretation and revision of the Baisc Law, the applicability of national laws in Hong Kong, or whether certain laws are a violation of the constitution. These points are not explained in great detail in the draft Basic Law. I think that the Basic Law Committee should be an operational authority and not an advisory body. From what I understand the recommendation made by an operational body carries more weight. For example, the Basic Law Drafting Committee is an operational body. Of course it cannot endorse the basic law. This is the jurisdiction of the MPC, but if the MPC does not endorse the final report submitted by the Basic Law Drafting Committee, they will have to do the work all over again. I think that at least 50 per cent of the Basic Law Committee members should come form Hong Kong and they must have a two thirds majority before they can endorse any report for submission to the National People's Congress. After the National People's Congress has endorsed them, these reports must be disclosed so that the Hong Kong people will know more about the work of the Basic Law Committee. This will enhance our trust in it and we will not commit the same mistake in violating the constitution. As for the size of membership, I think 20 people will be enough. We can have a representative nominated by the Chief Executive, a judicial representative nominated by the Chief Justice, a legisla- tive representative nominated by the legislature, and a legal representative