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THE FOREIGN AFFAIRS COMMITTEE
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(vi) We recommend that the Joint Declaration is retained as providing the best and surest treaty base for the future of Hong Kong. It is the implementation of its provisions, particularly through the Basic Law, on which we must concentrate. (paragraph 2.4) (vii) If the Joint Declaration is to be retained as the foundation of the Hong Kong SAR's Government and administrative system, then the details of that system must be built up by means of a Basic Law. (paragraph 2.6)
(viii) The Basic Law must be the "son", not of the PRC Constitution, but of the Joint
Declaration. (paragraph 2.7)
(ix) Total confidence in the legal system is a vital prerequisite for social stability. In our view the confidence of the people of Hong Kong, that the laws existing before the creation of the Hong Kong Special Administrative Region are being maintained, will exist only if there is a Joint Constitutional Court situated in Hong Kong which will continue to interpret the laws in accordance with the legal principles that have hitherto held sway in the Territory. We are hopeful that the Standing Committee of the National People's Congress would wish to delegate its interpretative powers to that Constitutional Court, in order to generate the complete trust in the independence of the Hong Kong judicial system envisaged in the Joint Declaration. (paragraph 2.8) (x) We recommend that a review of existing Hong Kong legislation be conducted as soon as possible to identify which areas are in possible breach of the two International Covenants referred to in Article 39 of the second draft of the Basic Law. (paragraph 2.9)
(xi) We recommend that the Hong Kong Government introduce a Bill of Rights as soon as the work on the review of the existing laws recommended above makes it practicable. (paragraph 2.11)
(xii) We do not believe that any additional provisions relating to the involvement of central government in matters of public order in the SAR are necessary or desirable beyond those specified in Article 14 of the second draft of the Basic Law. We accept that it is inevitable that there should be some reference to the powers of the central government in time of war, although in the light of recent statements from Beijing we would like to see "state of war" clearly defined so that it could refer only to war with a foreign country, but we are convinced that in no other circumstances should the central government have powers to interfere in the maintenance of public order in Hong Kong. To have such powers is to contravene the provisions of the Joint Declaration. We therefore believe that Article 18 of the second draft of the Basic Law needs revision (paragraph 2.12)
(xiii) We believe that the British Government should make clear to the Chinese Govern- ment the strength of feeling in Hong Kong against any stationing of PLA troops in Hong Kong. (paragraph 2.13)
(xiv) We believe that proposed amendments to the Basic Law should have the agreement of both the Standing Committee of the National People's Congress (NPC) and of the Legislative Council and Chief Executive of the Hong Kong SAR before being submit- ted to the NPC. (paragraph 2.14)
III Actions within Hong Kong
(xv) Despite the understandable concerns of the people of Hong Kong about the recent events in the People's Republic of China we are in no doubt that their best future lies in Hong Kong and therefore that the best guarantees for that future are the continuing economic success of the Territory and strong and stable democratic institutions. (paragraph 3.3)
(xvi) We believe that the Hong Kong Government must take this opportunity to seize the initiative so as to establish in Hong Kong in advance of 1997 the institutions and systems best designed to guarantee Hong Kong's future autonomy and stability within the terms of the Joint Declaration. (paragraph 3.5)
(xvii) We recommend that a decision to go ahead with construction of a second airport
should be taken as soon as possible. (paragraph 3.6)
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Private notes are available after approval.