TNAG-2990-FCO40-3574-Future-of-Hong-Kong-constitutional-development-talks-betwee-1992 — Page 191

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A. INTERNATIONAL AFFAIRS

1. REGIONAL RELATIONS

9 Oct 92

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CHINA AND HONG KONG

'WEN WEI PO' CONDEMNS HONG KONG GOVERNOR'S SPEECH AS “DISTORTION” OF

BASIC LAW

'Wen Wei Po' Hong Kong in Chinese 8 Oct 92

[1]

Text of editorial, "A Policy Speech Unfavourable to Convergence"

Hong Kong Governor Chris Patten yesterday [7th October] presented to the Legislative Council a policy speech on his administration of Hong Kong in the coming four and a half years. Hong Kong has stepped into the latter transitional period and the Hong Kong people hope that the Joint Declaration will be implemented to the letter and that convergence will be formed with the Basic Law so that Hong Kong can carry out a steady transfer of power and a smooth transition to 1997, maintain its prosperity and stability, and the Hong Kong people will live and work in harmony, peace and

contentment.

But the Hong Kong people's good wishes have not received a well-meaning response. Chris Patten admitted this: "During a meeting with the Chinese Foreign Minister in New York two weeks ago, the British Secretary of State for Foreign and Commonwealth Affairs proposed to the Chinese side that the number of directly elected seats in the 1995 Legislative Council be increased. The Chinese side was of the opinion that this proposal did not conform with the Basic Law, and they said that the Basic Law cannot be changed before 1997.” But despite this, Chris Patten has acted as he likes. On the one hand, he has introduced a major change to the Hong Kong political system, and has thereby weakened Hong Kong's executive-led administrative ability, violating the spirit of the Sino-British Joint Declaration. On the other, the 1995 elections have a bearing on a steady transition and should have been announced after bilateral Sino-British consultations and agreement. But the British side, ignoring opinions proposed seriously by the Chinese side, has announced these elections by "raising proposals". This is extremely irresponsible and extremely imprudent.

Chris Patten's intention is to wage a "public opinion war" in Hong Kong to force China to change the Basic Law and meet Britain's political demands to extend its interests. The speech on "revising the Basic Law" made by Percy Craddock, British special foreign affairs adviser, was just a frontier skirmish [Chinese: qian shao zhan 0467 0783 2069]. Chris Patten's political speech has therefore changed the characteristics of [former governors] Maclehose, Edward Youde and David Wilson in taking much account of

consultations and cooperation with China, and has also changed David Wilson's commitment to "converge with the Basic Law". He never said a single word about convergence.

Chris Patten said that his "blueprint for the political system" was worked out within the framework of the Basic Law. But when people open the Basic Law they will discover that this is not a fact.

The Basic Law provides explicit explanations on the executive-led political system. Executive departments formulate and execute policies; exercise management over the administration; work out financial budgets; draw up and propose bills, suggestions, laws and regulations; attend Legislative Council meetings; and speak on behalf of the government. But Chris Patten has entrusted the Legislative Council with the power to develop a committee structure and has attempted to establish a “Government-Legislative Council Committee" so that the Legislative Council will have the power to meddle in the revision of policies and participate in policy-making, whereas executive departments do not have a stable environment to make policies or a mechanism to ensure the ratification of bills. This will harm executive powers and efficiency tremendously.

Chris Patten's suggestion on increasing the functions and powers of district boards contradicts the Basic Law. Article 97 of the Basic Law provides that district organizations are not organs of political power and are only responsible for providing advice on district administration. But Chris Patten has turned district organizations into organs of political power, which have the power to decide a number of Legislative Council members.

Chris Patten has ignored the procedures, methods and regulations for the formation of the first Legislative Council, has turned functional constituency elections into direct group elections, and has turned the Electoral Committee elections into disguised direct district elections. These electoral methods do not conform with Hong Kong's original electoral definitions and also contradict the decision of the People's Congress and the principles of the Basic Law. When promulgating the Basic Law on 4th April 1990, the People's Congress provided these explicit stipulations: 1) It must embody state sovereignty and a steady transition; 2) The SAR [Special Administrative Region] Preparatory Committee will be responsible for preparing the establishment of the Electoral Committee for the first SAR government. The formation of the Legislative Council in 1995 should conform with the People's Congress decision and the relevant provisions of the Basic Law; only after confirmation will it become the first Legislative Council of the SAR. The formation of the first Legislative Council involves more restrictions by an additional document than the formation of the second Legislative Council. Except for a change in the seat percentages for the two legislative councils, their formation procedures and methods are coherent. Chris Patten says that the formation of the first Legislative Council can be