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HONG KONG URBAN COUNCIL

By 1997, there will be no official members, and it will be up to legislative councillors who are also sitting in the Executive Council to ensure that Legislative Council business proceeds smoothly and efficiently.

I would urge the people of Hong Kong, and the Hong Kong members of the Basic Law Consultative Committee and Drafting Committee to adopt this balanced approach, so as to safeguard both local and international confidence in the future of Hong Kong after 1997.

Articles 96 and 97 relate to the municipal councils and the district boards. I believe that even after 1997 the Urban Council and the Regional Council will continue to play a very important role in their fields of responsibility, and their role should in no way be played down in the future HKSAR political

structure.

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Equally, the District Board system should also be preserved, although stated in Note 8 of the Draft Basic Law, the District Boards should continue to be district consultative bodies.

I agree with the OMELCO Panel's report on the Draft Basic Law in which it is recommended that the meaning of 'local organs of political power' as stated in Article 96 is unclear and needs further elaboration. Does it refer only to the political power of the executive and/or the legislative organs of the HKSAR Government, or otherwise?

There has been much public discussion on the subject of political parties of Hong Kong. Already there are a number of political bodies in Hong Kong of varying strengths and histories. With the advent of direct elections to the Legislative Council in 1991, the tendency for political bodies to re-group themselves into political parties with territory-wide influence is bound to take place.

During the early years of the HKSAR, it would not be wise for the legislature to have more than one-thirds, directly elected seats, as it could inevitably place the Chinese Communist Party into the position--perhaps not of its own wanting of having to openly back candidates and political groups, or even to directly field its own candidates.

What is already happening, and will continue to be the trend of the future, is for many candidates running for office in district boards and the municipal councils to seek the support, tacitly or otherwise, of Chinese Communist Party oriented organizations in Hong Kong.

Within the transition years in the run-up to 1997, the municipal councils and the district boards should be able to act as bridges between mainland China and Taiwan in the areas of cultural and sport exchange, especially since the Taiwan authorities are now easing restrictions on Taiwan residents being allowed to visit mainland China.

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If and when the term of office of legislative councillors is extended from 3 to 4 years commencing 1991, it would be desirable for members of the municipal councils and district boards to have also a 4-year term of office.

In regard to the power of interpretation and amendment of the Basic Law, I believe that Hong Kong people would have greater confidence in the Basic Law if the power of interpretation were to be delegated by the Standing Committee of the National People's Congress to the courts of the HKSAR.

On the question of amending the Basic Law, the power of amendment, as stated in Article 170, is vested in the National People's Congress.

However, in order that Hong Kong can preserve a high degree of autonomy, Article 170 should be redrafted to the effect that should the Standing Committee wish to propose an amendment, the Basic Law Committee and the HKSAR Chief Executive and the legislature should be formally consulted. Also, should the HKSAR Chief Executive and the legislature wish to propose and amend- ment, the Standing Committee must consult the Basic Law Committee.

Furthermore, it is highly undesirable for Article 170 to state that two-thirds of the deputies of the HKSAR to the National People's Congress should give their consent before the HKSAR can initiate an amendment proposal, since this measure could be construed as creating another centre of power and interfering with the high degree of autonomy of the HKSAR.

After the draft Basic Law is adopted by the National People's Congress in 1990, we will without doubt witness a quickening of the pace of convergence, so that by 1997, the resumption of sovereignty by China and the consequent political changes will be effected smoothly and without causing disturbance to Hong Kong's social stability and economic prosperity.

Turning to Annex III of the Draft Basic Law on the subject of the formation of the first Government and first Legislative Council of the HKSAR, I do not think it is a good idea at all to have an 'Election Committee' to recommend the candidate for the first Chief Executive or to elect a provisional legislature.

If the intention is to keep the confidence of Hong Kong people at a high level, the best approach would be for the Preparatory Committee to be responsible for supervising the election in the second half of 1996 or early 1997 of a Chief Executive who would be ready to assume office on 1 July 1997.

Legislators who would be elected for a four-year term of office in 1995 could be agreement between China and Great Britain be recognized as a continuation of the existing systems until 1999. By 1995 it should be possible for the official members of the Legislative Council to have been replaced by elected members.

We should aim for the smoothest possible return of sovereignty in 1997 and I urge that both the British and Chinese Governments should seriously address this question in order that both local and international confidence in Hong Kong as a HKSAR can be further enhanced.