TNAG-2711-FCO40-3917-House-of-Commons-Select-Committee-on-Foreign-Affairs-and-Par-1993 — Page 2

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

Hong Kong

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LAST PAPER

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Hong Kong

DECEM

1993

Hong Kong

3.30 pm

14 N The Secretary of State for Foreign and Commonwealth Affairs (Mr. Douglas Hurd): I will, with permission, make a statement about Hong Kong.

We have an important job to do in the remaining years of British sovereignty in Hong Kong. We intend to carry out those responsibilities, with the support of the House. Part of our task will be to make arrangements for the elections to the district boards, the municipal councils and the Legislative Council in 1994 and 1995.

There is no argument between Britain and China over the principle that Hong Kong's democratic institutions should continue to develop. That is set out in the Sino-British Joint Declaration. It provides that, by 1 July 1997, Hong Kong's legislature will be "constituted by elections". China's Basic Law for Hong Kong after that date spells out more fully the process of political development.

The issue is how those principles should be turned into practical arrangements. The proposals which the Governor put forward in October 1992, with our full support, were carefully framed to be consistent with the Chinese Basic Law. We have all along wished to proceed in agreement with China, in order to assure continuity. That is why we have put so much effort since April into the talks with China.

The talks have been concerned with complex electoral issues, and I apologise for the complexity of this statement. But the underlying question is simple: will we bequeath to Hong Kong an open and democratic system offering the electorate a genuine choice, or will we settle for a system based on small electorates open to manipulation and corruption?

The answer to this question affects the character of Hong Kong. As many right hon. and hon. Members know, Hong Kong owes its success in large measure to the rule of law, supported by a clean and efficient administration. If that asset is to be preserved in modern circumstances, the territory needs an elected and credible legislature which can stand up for its way of life.

That is why we believe that elections held under British administration in Hong Kong need to be fair and open, and acceptable to the people of Hong Kong. On that basis, we have made a concerted effort through 17 rounds of talks to reach agreement with China. I have discussed matters twice with the Chinese Foreign Minister during this period. The Prime Minister sent a message to the Chinese Premier. We have offered to make important moves accommodate Chinese views, without compromising our essential requirements, as part of an acceptable overall agreement.

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We made it plain from the outset that the talks cannot continue indefinitely and that it must be for the Legislative Council to consider and pass the necessary legislation. This will take time. Some 48 constitutional and electoral instruments in Hong Kong are affected and may need amendment. All the primary legislation needs to be in place by July 1994. Some of the more important measures need to be on the statute book by February.

When time began to press, we therefore explored fully the possibility of an interim agreement, which would

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enable us to get on with legislation on the more urgent issues, and gain a little more time to resolve the remainder Swith the Chinese.

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I explained to the Chinese Foreign Minister in New York on 1 October that this aim would not be achieved by an interim package limited only to the elections in 1994 -the district board and municipal council elections. To deal with all the more urgent issues, an interim package needs to include the voting age and the voting method for all three sets of elections, and the abolition of appointed membership in the district boards and municipal councils.

The Chinese side evidently had no difficulty of principle with an interim package covering some of the 1995 LegCo issues. The Chinese accepted our proposal that the voting age should be lowered to 18 for all three elections. They also seem to have had no difficulty of principle with our proposal that the voting method should be single seat, single vote. They accepted that this should apply to the district board and municipal council elections. But they refused to accept as part of this possible interim package that the single seat, single vote method should apply to the Legislative Council.

We and the Governor believe that there are compelling reasons for including this proposal on the voting method in the interim package. In practical terms, it would otherwise be necessary to legislate twice on the voting system, using up legislative time which will be in short supply next year.

The single seat, single vote system enjoys widespread support in the Legislative Council. If we had accepted the Chinese position and introduced legislation to apply this voting method to the district boards and municipal councils only, the Council might have extended the measure to apply to the elections to its own body, since we know that it is in favour of that. That would have led straight back to further difficulties with the Chinese Government. We would not have saved time: we would have wasted it.

Despite our best efforts, it has not been possible to reach agreement on this issue. The question of abolishing appointed members also remains unsolved. Time has now run out for pursuing these points. The Governor has therefore announced that he will publish draft legislation on the 10th of this month, for introduction on the 15th of this month. That will allow work to begin straight away in a Bills Committee of the Legislative Council.

The proposals on which the Governor intends to legislate this month are largely uncontroversial in Hong Kong. We had thought that they were uncontroversial with China. On a number of them, it was possible to reach a common view in the talks. In those cases, the legislation will reflect that. The Governor is not at this stage legislating on the main issues which remain in dispute- the functional constituencies, the composition of the election committee, and objective criteria for the through train.

We are not breaking off the talks: we have proposed a further round in December to pursue agreement on remaining issues. We are prepared to work seriously and constructively to that end. We strongly hope that the talks will continue in spite of what has been said, because Britain and China have to carry out what they agreed-I repeat, what they agreed-which is, to preserve Hong Kong's way of life and success while transferring sovereignty. We all know that that is a unique task and one that we have not had to do in this form before. It is also difficult, and it is best carried out together.

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