TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 156

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

to the above mentioned set of special policies for developing Hong Kong's economy. Only thus can we guarantee Hong Kong's preferential position in its relationship with the capitalist economies of the world and develop importance as a bridge between socialist China and the capitalist world and thus finally guarantee the mutual development of the two systems under one country.

(iii) We must recognize

and guarantee the basic rights and freedoms of the people of Hong Kong and to protect the interests of various levels of society and fully to develop the for "Hong Kong people running Hong Kong".

enthusiasm

the

Hong Kong's development cannot be separated from the intelligence, knowledge and patient hard work of all the residents of Hong Kong. In order to arouse the enthusiasm of the people of Hong Kong So that they can enthusiastically and cooperatively strive for development of a new Hong Kong, we must when drawing up laws recognize and guarantee the basic rights and freedoms of the people of Hong Kong and protect the interests of all levels of society in Hong Kong. These basic rights and freedoms must include: a right of equal treatment before the law, a right of long-term residents of the Hong Kong SAR to hold elections according to the law and to be elected; the rights of the residents of Hong Kong to enjoy freedom of speech, freedom of news and freedom of publishing, the freedoms of association, congregation, demonstration and manifestation, the rights and freedoms to organize and join trade unions and to make strikes, the right to the inviolability of the person and the inviolability of the home, freedom of communication and the freedoms to move and to live in other countries and regions, the freedom of correspondence, the freedoms to change one's own occupation, engage in scientific research and literary or artistic creativity and other cultural manifestations, the rights to free marriage and freedom to give birth, the rights to enjoy social benefits and so

on.

to

The basic rights and freedoms recognized and protected for the people of Hong Kong in the basic law are considerably more extensive than the democratic freedoms enjoyed by the citizens living within the rest of China. Some indeed are not enjoyed by people there, such as the freedom to immigrate or to have children at will. These are because the historical and actual circumstances in Hong Kong and the rest of China are different, and because rights cannot supersede the social and

and cultural development in 'society. The legal provisions for rights and freedoms in Hong Kong and the rest of China are different and this reflects the necessity for us in drawing up laws to grasp this basic principle of setting out from the actual facts. While recognizing and guaranteeing the basic freedoms and rights for Hong Kong residents, in drawing up laws, we must also look at the interest of

the various strata with Hong Kong society. Law is adjustment in relation to interests. The various levels of society within Hong Kong such as the industrial capitalist, the merchant capitalist, the workers, the intelligentsia and the individual workers all have different social and economic positions and all have particular interests applied to themselves and there can be contradictions between their various interests. In order to minimize the harm done by conflicts and contradictions of interest between them we must fully utilize the regulation of law. At the time of drawing up law we must give equal weight to the interests of every stratum. For example, the law should protect capitalists' right to the ownership of private property

the

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