TNAG-1858-FCO40-2633-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 61

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

HONG KONG LEGISLATIVE COUNCIL

-5 July 1989

2095

and we must concentrate on the implementation of its provisions, particularly through the Basic Law.

In the light of experience gained from the events in Peking, I would share the view that article 18 of the draft Basic Law needs to be re-examined carefully and critically in so far as the State Council may decree the application of the relevant national laws in the Hong Kong Special Administration Region in case of war, turmoil or emergency. The Peking experience has taught the Hong Kong people that martial law may be declared in any part of a city or region by the State Council in case of so- called counter-revolutionary violence or anything for that matter. It is therefore true to say the fear of the people in Hong Kong of the irrational interpretation of any situation without a legal basis is quite obvious. I would even go beyond what the committee has stated and suggest that in the revision, the state of war, turmoil or emergency be precisely defined and the conditions for declaration of martial law, if absolutely necessary, be clearly spelled out.

Sir, the committee's observation about the stationing in the Hong Kong SAR of military force sent by the Central People's Government tallies with the general perception of the people in Hong Kong who have a strong feeling against the appearance of People's Liberation Army in the urban area and indeed anywhere in the region. This is understandable as they have been deeply shaken by the scene at Tiananmen Square. It is important that such fear must be alleviated if at all possible.

Since the events in Peking, the people of Hong Kong have been well aware of the need for democratization to progress at a faster speed. The committee concluded with the specific proposal that full democracy in the form of universal suffrage be achieved before 1997. Without further careful study into the implications of the accelerated process, it remains to be decided whether the unanimously agreed model of the legislature by the OMELCO should be reviewed. Obviously there is a good reason for the number of directly elected seats in the Legislative Council to be appropriately increased in 1991. In any case, China must be urged to appreciate the need for early implementation of full democracy in Hong Kong to achieve the goal of one country two systems and government of Hong Kong by Hong Kong people.

The committee has looked into the issues concerning the selection of the Chief Executive and the relationship between the executive and the legislature in sufficient detail. The views expressed follow fairly closely the lines taken by many people in Hong Kong and should therefore warrant further consideration in reviewing the draft Basic Law.

Coupled with the other major issues of nationality and Bill of Rights, the Joint Declaration and indeed the Basic Law will hopefully secure our future and confidence which has been greatly lost and needs to be restored. We have to face the reality and continue to make the best of our effort to maintain our stability and prosperity. We must keep Hong Kong going.

Sir, with these remarks, I support the motion.

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