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The United Nations: Challenges
[LORDS]
that will is always central to results. If we want to get the Argentinians out of the Falklands. however extraordinary and daunting that task may seem, and if we are determined to do it, we do it. If we want to get the Iraqis out of Kuwait, however difficult, expensive and complicated it may be, if we establish the will and want to do it, we do it.
I should like to encourage the noble Lord, Lord Beloff, to cheer up. If there is the same degree of will brought to bear on this task about which there is so much agreement on the strategy, I am sure that we can bring about amazing results there too. Whatever our political differences, I am sure that we wish the Prime Minister well in his important mission to the UN.
I conclude by quoting one of the greatest international servants. He was controversial. Some may have approved of his approach and some may not. But there can be no doubt of his commitment to effective government ideas about
HKD 340 / international cooperation. After all, he died in the
front line in service to that cause. I quote Dag Hammarskjold:
"Never look down to test the ground before taking your next step: only he who keeps his eye fixed on the far horizon will find the right road. Life yields only to the conqueror. Never accept what can be gained by giving in. You will be living off stolen-goods, and your muscles will atrophy".
I beg leave4d withdraw the Motion for Papers. Motion for Papers, by leave, withdrawn.
Hong Kong: Democracy After 1997
7.55 p.m.
Lord Wyatt of Weeford rose to ask Her Majesty's Government whether they are satisfied with the arrangements made for the maintenance of democrat- ic freedom and the administration of justice in Hong Kong after 1997.
The noble Lord said: My Lords, there are several problems which must be resolved if we are to do our best to ensure democratic freedoms and the proper administration of justice in Hong Kong after July 1997. I shall start with the composition of the Court of Final Appeal which will replace the Privy Council.
No one disputes that the Chief Justice of the Court of Appeal shall be a Chinese citizen, permanently resident in the Hong Kong Special Administrative Region. But the Joint Declaration of 1984 provides that the Court of Final Appeal,
"may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal". Those words are repeated in the Basic Law, which emerged from the Joint Declaration.
But now the Government have agreed to Beijing's demand that there can be only one overseas judge in the Court of Final Appeal. The Legislative Council in Hong Kong strongly believes—I agree with it—that that is utterly wrong. It is insistent that the number of overseas judges should be at the discretion of the Court of Final Appeal itself, as was always intended. LEGCO passed a resolution to that effect by an overwhelming majority of over three to one. The court might not want to co-opt any overseas judges or it might wish to co-opt more than one; but insisting on
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the power of discretion of the Court of Final Appea! is not a trivial issue. It is a vital safeguard against the court being packed by judges who might be inclined to a more Beijing interpretation of justice than to the British approach, which has rooted itself in Hong Kong.
Her Majesty's Government must press for that. It is not in conflict with either the Joint Declaration or the Basic Law. Giving the Court of Final Appeal greater flexibility would in fact be helpful to Beijing. It would increase Hong Kong's confidence in Beijing's fair mindedness, making its relations with the Hong Kong Special Administrative Region smoother from the start. So would an agreement about the number of the People's Liberation Army to be stationed in the middle of Hong Kong. Beijing has hinted that there may be only about 3,000 troops, though that might well be too many.
The nature of soldiers everywhere is to drink occasionally and then have rows with members of the local population. Are PLA soldiers to be above the law if they start a fracas? There is a fear of unhappy incidents which could lead Beijing to impose some kind of martial law. That point must be clarified to protect Hong Kong citizens and allay their fears. The fewer PLA troops that there are in the middle of Hong Kong, the better. They can always be sent for instantly in an emergency. It must be in Beijing's interests to keep good relations with the local population.
The naval base is in the middle of the business district of Hong Kong. There are many suitable places, such as Stonecutters Island, to which the naval base could be removed without any loss of efficiency but with a gain in Hong Kong confidence that Beijing will not apply a heavy hand.
My next point concerns the functioning of the democràtic parliamentary process. The Legislative Council contains 60 members: 18 were appointed by the governor and 24 were indirectly elected by a tiny number of voters in sections allocated to various professions and occupations. For the first time last September 18 members were elected by universal suffrage of the whole population. The United Democrats, led by Mr. Martin Lee, swept the board. Seventeen of those democratically elected seats are now held by those of liberal persuasion. They are not of the liberal democratic kind represented in your Lordships' House, but are staunch believers in capitalism and low taxation: though like all parties in the United Kingdom they claim to be concerned with improving social services.
The governor refused to put Mr. Lee on the Executive Council. In Mr. Lee's view he and his supporters are the only truly democratic represen- tatives and should have formed a majority of the Executive Council, which is the equivalent of the Cabinet in this country. Now OMELCO, which represents members of the Executive and Legislative Councils, wants more universal suffrage in the 1995 election. It requests that half the members should be directly elected and only half elected by the indirect election method. That would differ from the Basic Law, but not by much. Beijing has already agreed that, in 1999—the election after that to be held in 1995
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