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22 March 1989]
MINUTES OF EVIDENCE TAKEN BEFORE
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35. The Review and the findings of the Survey Office showed that public opinion was in favour of introducing a directly elected element into the Legislative Council before 1997, but was sharply divided on the timing of this change. Some people favoured the introduction of directly elected members in 1988, arguing that direct elections would promote the development of more open, accountable and representative government, and should therefore be introduced as early as possible. Others argued that it was too soon to take such a step in 1988, only three years after the last major constitutional change when indirect elections to the Legislative Council were introduced, or because the system of elections to be used after 1997 had not yet been established in the Basic Law due to be promulgated in 1990. The fact that it was widely believed that the Chinese Government did not favour the introduction of direct elections before the Basic Law was finalised may have had considerable influence on public opinion. In view of the division of views on the question of timing, and having taken into account all the arguments put forward, the British and Hong Kong Governments concluded that on balance it would be right to make the next major constitutional change in 1991. The Hong Kong Government's White Paper published in February 1988 announced that in 1991 10 seats would be open for direct election from geographical constituencies, replacing 10 seats presently elected by district-based electoral college constituencies.
36. Although some people were disappointed, the 1988 White Paper was generally accepted in Hong Kong as a significant step forward in the territory's consitutional development. The decisions in the White Paper were taken by the British and Hong Kong Governments on the basis of their judgment of what would command the widest possible support in the community as a whole and which would best suit Hong Kong's circumstances and Hong Kong's interests. The arrangements envisaged in the White Paper will ensure that a representative system of government is well established before 1997.
IX: BASIC LAW
37. The Joint Declaration provides that the policies of China towards Hong Kong as stated in the Joint Declaration and elaborated in Annex I will be stipulated in/Basic Law and will remain unchanged for 50 years.
38. For the purpose of drafting the Basic Law, the Chinese Government appointed a Basic Law Drafting Committee (BLDC), comprising 59 members, 23 of them from Hong Kong and the remainder from the mainland. A Basic Law Consultative Committee (BLCC), consisting exclusively of Hong Kong members representing a broad spectrum of Hong Kong opinion, was established by the BLDC with the task of soliciting the view of Hong Kong people on the draft Basic Law.
39. The BLDC established five Special Groups (dealing with the relationship between the central authorities and the SAR, the economy, the political structure, rights and duties of Hong Kong inhabitants and education, culture and social questions). Discussion has taken place in these and other groups and in plenary meetings, all well reported by the Hong Kong media. After more than two years' work the first draft of the Basic Law was published in April 1988. A five-month consultation exercise, conducted by the BLCC, was then held in Hong Kong. Two delegations of mainland members of the BLDC, led by senior Chinese officials, visited Hong Kong in June and September 1988 to canvass public opinion on the Draft Basic Law at first hand.
40. A wide range of views on various aspects of the first draft was expressed during the consultation period. In addition, in June and July 1988, both Houses of Parliament debated the document. Debates on the first draft were also held in Hong Kong's Legislative Council, the two Municipal Councils and almost all the District Boards. The records of most of these debates, including those of the Parliamentary debates, were conveyed to the Chinese Government through diplomatic channels.
41. In November 1988, the five Special Groups under the BLDC resumed their discussions and considered how the first draft should be revised. Following a further plenary meeting held in Canton from 9 to 15 January 1989, a second draft was agreed. After consideration by the Standing Committee of the NPC, this was published in late February 1989 for further public consultation. The results of this second round of consultation will then be considered by the BLDC. The final version of the Baic Law will be enacted and promulgated by the NPC in 1990.
42. Although the drafting of the Basic Law is a matter for the Chinese Government, the British Government have the right to satisfy themselves that its provisions fully accord with the terms of the Joint Declaration. The British Government have been following the process very closely, and have had a fruitful dialogue with the Chinese authorities throughout the drafting process. In particular, they have sought to ensure that the Chinese authorities are fully aware of the concerns of Hong Kong people about the draft.
43. Much of the first draft of the Basic Law was in satisfactory form. Some parts of it quoted the Joint
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