TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 190

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Job No. 166880

HANSARD//JUL14:09

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1908

HONG KONG LEGISLATIVE COUNCIL 14 July 1988

for the SAR so as to live up to the spirit of the Joint Declaration which stipulates that the Hong Kong SAR would be highly autonomous and that apart from defence and foreign affairs. Other policy guidelines should not be included in the Basic Law.

Sir, the Basic Law draft contains 172 articles. If China is serious about the Joint Declaration and the granting of a high degree of autonomy to the SAR, she should, apart from defence and foreign affairs, give a free hand to the SAR in governing itself. And, China should also consider coming up with a brand new system to replace the century old colonial administrative structure. But, far from it, the draft to a large extent merely takes after the colonial legal framework. This explains why China has agreed to Hong Kong's remaining unchanged for 50 years under the Joint Declaration. That was because the colonial system conferred upon a sovereign state paramount authority. What China does not understand is that Britain has ceased exercising its authority as a sovereign state over Hong Kong a long time ago. No wonder in mid-November 1985 the Chinese Government complained that somebody was not going by the books.

Sir, the Joint Declaration can be used for reference in the drafting of the Basic Law. Colonial provisions should as far as possible be avoided. The Chinese Government should be firmly committed to implementing the 'one country, two systems' policy as promised. And, she should believe in Hong Kong people's ability and intelligence to govern themselves. The Chinese Government should not be suspicious and try to hold onto her authority over the SAR through colonial legislation. The people of Hong Kong hope that the Chinese Govern- ment would grant a complete free hand to the SAR in order to realise the concept of a high degree of autonomy. If the Hong Kong SAR would be ruled by Hong Kong people and be highly autonomous, our freedoms would be safeguarded and our democratic legal systems would remain intact. To show her sincerity, the Chinese Government must break away from the concept of colonial administration and put her trust in Hong Kong people who have accumulated decades of experience in building a thriving economy and stable society. If, given a free hand, Hong Kong people can be counted on for being highly intelligent and productive. Consequently, Hong Kong can realise its full potentials and cater to the needs of a China that is reforming and opening up. Together the two can create a prosperous and stable future for themselves.

Sir, the people of Hong Kong have witnessed the unforgetable disasters and ordeals that China went through. They are still in shock; all they can do is to hope that China would honor the Joint Declaration and tune in seriously to worries and constructive comments from Hong Kong people. It should be ensured that the Basic Law is acceptable to Hong Kong people in order to restore their confidence in the future. Only when this happens could Hong Kong continue to thrive and progress after its sovereignty is returned to China in 1997, and consequently to act as a fine example of a free and democratic society that is ruled by law for the benefit of the modernising and reforming China.