1985 — Page 97

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western corridor so that traffic in the whole of Hong Kong Island will flow smoothly. So I think we should also have corriders for, say Wong Tai Sin and Sha Tin By-pass. I hope the Chief Secretary will accept the proposal and re- assess the value of the project.

Civic education is necessary in our progress towards democracy. Recently there are reports that close to 80 per cent of the members of the public do not know what basic law is. This demonstrates the urgent need for the introduction of civic education, no matter how much it will cost the tax-payers. Civic education should be given to as many as possible in the community to help all residents understand the new political system and their individual rights. It will help to change Hong Kong people's custom of paying attention to business and not to politics, and particularly inculcate in the younger generation the idea of politics and economics in order to adapt to the future political set-up. With civic knowledge, the public will not be misled. The objectives of the programme of 'I Love Hong Kong' is precisely to induce people to co-operate with one another, to build a new Hong Kong, to be patriotic, to work for the prosperity and unity of the country and the welfare of our countrymen, to seek developments, to eliminate selfishness and self-interests, and to promote peaceful co-existence and a bright future. I hope government will take immediate action to implement the teaching of all these things.

Some years ago, there was a proposal to pull down the Central Market and build in its place a multi-storeyed Urban Council Chamber. I hope the Council will consider the idea again as the project will add much to the Council's prestige and position.

I am glad to learn that the Legislative Council will raise the matter of allowing Chinese maid servants coming to work in Hong Kong in the same way as the Philippine maid servants, in line with what I have suggested before.

Lastly, I wish to give my support to the motion on the hawker policies and the Council's other motions. Thank you.

(Dr. Denny M. H. HUANG left at this point--3.40 p.m.)

MR. EDMUND W. H. CHOW (in Cantonese):----Mr. Chairman, Everyone knows we have a chance once a year to discuss in the Council anything under the sun. I would therefore like to take the opportunity to talk about the future of Hong Kong, including such major issues as the political system, the basic law and the controversy over the term 'accountable' as used in the Joint Declaration of the British and Chinese governments. As time is limited, I can only discuss the outlines and if in the next 15 minutes or so, I am able to give a clear outline, I believe I shall be a target of the American magazine-Newsweek—next year.

The main subjects of my outline are:

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(1) 'Rule of law' should be the backbone of our political system.

compromise between China and Britain in the concept of 'rule of law' is more important than keeping the political systems in tandem.

(2)

(3) While amendments to the Basic Law vests with the National People's Congress of China, its interpretation should be vested with the courts of Hong Kong.

I shall start with the rule of law. The people of Hong Kong respect the law and are for the rule of law. In a hundred years since the early days of Hong Kong, it has become a social style and part of our political tradition. I am of the opinion that as a basic principle, our future political system should respect the traditions, pay due regard to reality and keep the future in view. In fact, the rule of law is also, or could be made a political system. The essence of such a system is to have the basic law (constitution), the laws and government decrees in a definite order. Government decrees should not breach the laws, and the latter should not breach the basic law. Issued by administrative organs, government decrees exercises high administrative authority, but are very likely to be abused. Therefore, though government decrees have binding powers, they must be related to official duties and based on law. They should neither go against nor

change the law.

Rule of law should not be mistaken for rule of constitution. Laws are made before the enactment of constitution, but the latter reigns supreme. However, constitution provides only the principles to be applied by laws which must be in detail, objective and meet the need of the times. Though originated from conventions, laws may change conventions. However, it is desirable for the laws to be in line with conventions. That is how the laws may be related to traditions and earn respect. Drawn up by the sovereign organ, the constitution is necessarily above the laws. Yet the laws are higher than government decrees as they are laid down by the legislature under the constitution and to be obeyed by all.

The basic law is the supreme law of the Hong Kong Special Administrative Region, tantament to the constitution. In theory, it is a contract between the local and the central governments. The laws therefore should be based on the provisions therein.

With out special background of political environment, political traditions and social customs, we do desire a Hong Kong style democratic system that meets our social need as well as our wishes. The people of Hong Kong will gladly accept the rule of law that respects traditions and pays due regard to reality as the backbone of the future political system, to be supported by the separation of powers between the judicial, the executive and the legislative organs. It is regrettable that there is quite a gap in the concept and spirit of the rule of law between China and Hong Kong. Frankly, China does have a legal system, but not the rule of law. China is striving to strengthen her legal system in recent years, but there is still a difference from legal concepts known in Hong Kong. The very foundation of our system is that 'all are equal before the law'.