There Lother
the Minisks of State, L Drafting
• And
x
regular
in the light
of views
Lit
and
there are
Course
L your Basic Law
16
22 March 1989]
[Mr Rowlands Contd]
MINUTES OF EVIDENCE TAKEN BEFORE
RT HON SIR GEOFFREY Howe, qc, MR ROBIN MCLAREN, CMG, and MR ALAN PAUL
Parliament in effect, so the process is for them. We have been following it extremely closely right the way through the successive drafts in a series of dialogues with the Chinese authorities. They, of course, have in place the Basic Law Drafting Com- mittee and the Basic Law Consultative Committee, with a strong representation of opinion from Hong Kong. But quite aside from that, I, for example, have met my Chinese opposite number nine times since the Joint Declaration was signed. We meet every year at the UN General Assembly. We have met in many capitals around the world and there have been contacts, of course, between Ministers of State and the Vice Foreign Minister of China. Then the Basic Law Committe itself has been at work and the Governor of Hong Kong has been in contact with officials in China. Apart from that, there have been very many discussions of issues arising from the Basic Law at official level between experts of all kinds. So there is a great deal of effort going into trying to secure as effective a result as we can, and we transmit to the Chinese Govern- ment the views that were expressed within Hong Kong and, of course, in this place as well. We think that the second draft does represent a welcome improvement on the first draft; there are still areas where improvement is necessary. The Chinese have emphasised that the second draft itself will be subject to further changes That is the view expressed in all these ways. If I can give some examples of clarification, Article 18 has been changed significantly to meet the anxiety that gave too much scope for interference with the autonomy of the SAR and you will see that in the second draft provision is made in the third annex identifying the six national laws alone which will be applied locally in Hong Kong. That is one example. Another which was important is in Article 14, because that did not provide in the first draft for the Joint Declaration provision which specifies- the specificity was very important-that the main- tenance of public order in the Hong Kong SAR shall be the responsibility of the Hong Kong SAR Government. That has been dealt with. I do not want to weary the Committee but there are a number of improvements? Are there any other matters you may want to talk about which still cause concernx,
which
ask me
[Continued
have no doubt there may be others people have looked at, but they are the important ones. The outstanding ones, therefore, are those on which attention is now being focused principally. I would not like to say there are not people in Hong Kong who are looking at other aspects as well, because this is a huge consultative exercise in which many different opinions are being expressed all the time inside Hong Kong.
(would be able to tell
9. If those 14 points were met, you say to us that satisfies the spirit of the terms of the Joint Declaration?
ani
(Sir Geoffrey Howe) Well, I am reminded, for example, that the 14 points do not deal with the annexes dealing with elections and representative government, so that there are others they are the But main ones on the substance of the law.
10. Would you tell us what will be the status of the English version of the Basic Law?
(Sir Geoffrey Howe) The English version is con- ditioned by the fact that Article 9 of the draft now provides that English may be used as an official language by the Executive, legislature and judicial L additional organs of the SAR. That is an improve- ment on the original version. It follows that there is, therefore, clearly a need for an authentic English text and that is being produced. But if there are disputes as to the interpretation of a particular clause in the Basic Law because of difficulties of reconciling the English and Chinese texts, then there are, as I think you will see, cogent arguments that the Chinese text should be precisely followed will be according to the Chinese law in relation to China It is for that reason that the Basic Law Drafting
decisive Committee, the Hong Kong Government and it is a
one because ourselves are taking as much trouble with the Chinese lo Chinese text as with the English text.
Chairman
The
in Klahon to a
of
part the
11. Can we just be clear, Secretary of State, People's
about the status of this draft and the next draft? Will the next draft be the final document or will it be yet again another draft to be commented on?
(Sir Geoffrey Howe) I would imagine it is going to be the final document. I do not know, there may be some further process am not privy to the subject of further consultation taking to further consideration, but certainly this draft has- place comparable to that which has already
Faken place.
(is it
Mr Rowlands
Republic of,
China.
there
remove full
Stop is being
L
12. The last chance to get the Basic Law right? Is ...? (Sir Geoffrey Howe) I would think so. There may
8. Secretary of State, in Annex C of your memorise andum you list 14 criticisms of the first draft and in the second column you put the list of improvements. Can I just get clear in my own mind that, first of all, those 14 are your sum total, as it were, of criticisms and, therefore, if those 14 points are met, you would believe that the Basic law does in fact fulfil the spirit of the Joint Declaration? Secondly, in the list of improvements, particularly in a criticism No 4 on courts, for example, there are quite outstanding issues. I would like you to tell me how you compare these two columns and whether these 14 points are the sum total of your requirements.
(Sir Geoffrey Howe) I think, Chairman, that the 14 points are, as Lord Goddard used to say, our "best points". They are the important points. I
be some arcane provision like recommitting the Bill on report, comparable to what happens in the House of Lords, Subject to that, it is intended to but subech be the definitive version.
Mr Wells
13. It is the second last chance, is it not, because we thought the second draft was going to be the final version, so that therefore this second draft. this further consultation period, will produce a
No comments yet.
Private notes are available after approval.