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states that, because of all the scoundrels here, only 'patriots' can be allowed to run Hong Kong. And guess who decides who is a patriot? Then, a couple of weeks ago, the Public Security Minister of the PRC stated that most of the crime committed in China was directly due to the bad influence of Hong Kong and Macau 'elements'. Considering how much crime there is committed by Mainland illegals in Hong Kong, that sounds like a bad joke, but unfortunately it isn't. It is a fact of life and the major problem facing us in our negotiations not only about the Basic Law, but about democracy in Hong Kong and who is to run Hong Kong after 1997.
The Mainlanders in fact don't care very much about the Basic Law, they are quite happy to go along with almost anything as long as interpretation of the Basic Law is lodged inside the NPC and, of course, that means they can interpret it any way they want. But what they do care about, and what we should all care about, is how to appoint the first Chief Executive and who he or she will be, and how to share out the power between the Chief Executive, the Civil Service, and an elected Legislative Council. And, of course, politically they are quite right: It is going to be the first administration in the first five years after 1997 which is going to put the final stamp on how Hong Kong will live as an SAR, and it is most unfortunate that on this very important subject there is no consensus in Hong Kong. There are now attempts at compromise.
The one most commonly advanced allows the first Chief Executive to be quasi-appointed via an electoral college, which in its turn is appointed, and then suggests a slow ten-year democratizing period which would allow the Chief Executive to be elected in about 2007. Such compromise must be rejected because the Governor who is elected in 2007 will be nowhere near as important as the Governor who is appointed in 1997. And the last thing we can afford is to have the 1997 Governor appointed by what our Mainland Drafters and "Hong Kong Patriots" call consultation. It is absolutely essential that Hong Kong is given an element of Democratic choice for its first SAR Governor so that we start the new era on the right foot and with the right person.
This highlights the lack of consensus on how to achieve a certain amount of democracy in our Government, but I repeat that lack of consensus must not, and should not, be used as an excuse by the PRC to ignore the consensus which asks for the Articles which I have mentioned to be altered.
While I am adamant about the selection process for the Chief Executive, I believe, in view of the sharp division which does exist among the Hong Kong population on this subject, a compromise is possible on the democratization of LEGCO and such a compromise is being gradually worked out, starting with some direct elections in 1991. As these directly elected representatives work themselves into the mechanism of Government and show their mettle, I am sure public pressure and consensus will show that democracy is not the bogey it is made out to be by many of my businessmen friends, and that, in fact, it is a more efficient form of Government than any other presently being exercised (unfortunately that does not mean that it is an efficient form of Government! It is just better than anything else that has been tried). So I would expect that by 1997 we will have 50% of the Legislature directly elected and 50% functionally elected, and by 2007 one would hope all LEGCO will be directly elected.
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What is most important is that some method is found by which there is an election in late 1996 or early 1997 and that the LEGCO then elected remains in being for the first two years of the SAR, and in my tabled papers, I have suggested a way of doing this without infringing the sovereignty of the PRC.
But as I have said above, no compromise can be possible over the selection of the first Chief Executive of the SAR. It is of the utmost importance that this Chief Executive is selected by a democratic process so that he or she has the full confidence of all people in Hong Kong.
I now come to the consideration of Municipal Government within the framework of the Basic Law.
Just how little our role is understood was made very clear to us by the fact that our oral consultation with the Basic Law Committee was conducted by the second string. Not one of the senior Mainland members was present. In other words, we were fobbed off, and this in spite of the fact that we are the only non-Government body in Hong Kong with executive powers. Our financial autonomy gives us positive powers in contrast to the Legislative Council who only have negative powers. This lack of understanding of what we are all about is shown quite clearly by the phraseology of Article 96 of the Basic Law, and again I must ask both Councillors and the media to read carefully what I have to say in my tabled comments on Article 96. There is, in fact, a phrase in Article 3 of the Constitution of the People's Republic of China which states 'that the division of functions and powers between the Central and Local State organs is guided by the principle of giving full scope to the initiative and the enthusiasm of local authorities under the unified leadership of the Central Authority', which gives the local authorities in the PRC a much better deal than Article 96 gives us in the SAR. I think it is of the utmost importance that the Basic Law recognizes the difference between the Legislature and the direct intervention in people's lives by the Municipal Government. I am sure I don't have to spell out that if we don't collect the garbage properly, and if we don't encourage the Arts, and if we don't run museums and sports, the quality of life will be immediately and severely affected. The Basic Law must make proper provisions for Municipal Government in the SAR and Article 96 must be altered, and perhaps a paraphrase of the paragraph from the Constitution of the PRC I have just quoted will do the trick.
In conclusion, let me say that I personally feel that this process of trying to devise a Basic Law, a constitution for a completely new concept of territory, gives us all the chance to make history, because, if we get the Basic Law right and if it works, we will have created a model which can solve a great many political problems all over the world, including the unification of Germany, of...
104
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states that, because of all the scoundrels here, only 'patriots' can be allowed to run Hong Kong. And guess who decides who is a patriot? Then, a couple of weeks ago, the Public Security Minister of the PRC stated that most of the crime committed in China was directly due to the bad influence of Hong Kong and Macau 'elements'. Considering how much crime there is committed by Main- land illegals in Hong Kong, that sounds like a bad joke, but unfortunately it isn't. It is a fact of life and the major problem facing us in our negotiations not only about the Basic Law, but about democracy in Hong Kong and who is to run Hong Kong after 1997.
The Mainlanders in fact don't care very much about the Basic Law, they are quite happy to go along with almost anything as long as interpretation of the Basic Law is lodged inside the NPC and, of course, that means they can interpret it any way they want. But what they do care about, and what we should all care about, is how to appoint the first Chief Executive and who he or she will be, and how to share out the power between the Chief Executive, the Civil Service, and an elected Legislative Council. And, of course, politically they are quite right: It is going to be the first administration in the first five years after 1997 which is going to put the final stamp on how Hong Kong will live as an SAR, and it is most unfortunate that on this very important subject there is no concensus in Hong Kong. There are now attempts at compromise.
The one most commonly advanced allows the first Chief Executive to be quasi-appointed via an electoral college, which in its turn is appointed, and then suggests a slow ten year democratizing period which would allow the Chief Executive to be elected in about 2007. Such compromise must be rejected because the Governor who is elected in 2007 will be no where near as important as the Governor who is appointed in 1997. And the last thing we can afford is to have the 1997 Governor appointed by what our Mainland Drafters and "Hong Kong Patriots' call consultation. It is absolutely essential that Hong Kong is given an element of Democratic choice for its first SAR Governor so that we start the new era on the right foot and with the right person.
This highlights the lack of consensus on how to achieve a certain amount of democracy in our Government, but I repeat that lack of consensus must not, and should not, be used as an excuse by the PRC to ignore the consensus which asks for the Articles which I have mentioned to be altered.
While I am adamant about the selection process for the Chief Executive I believe, in view of the sharp division which does exist among the Hong Kong population on this subject, a compromise is possible on the democratization of LEGCO and such a compromise is being gradually worked out, starting with some direct elections in 1991. As these directly elected representative work themselves into the mechanism of Government and show their metal, I am sure public pressure and consensus will show that democracy is not the bogie it is made out to be by many of my businessmen friends, and that, in fact, it is a more efficient form of Government than any other presently being exercised (unfortun-
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ately that does not mean that it is an efficient form of Government! It is just better than anything else that has been tried). So I would expect that by 1997 we will have 50% of the Legislature directly elected and 50% functionally elected, and by 2007 one would hope all LEGCO will be directly elected.
What is most important is that some method is found by which there is an election in late 1996 or early 1997 and that the LEGCO then elected remains in being for the first two years of the SAR, and in my tabled papers I have suggested a way of doing this without infringing the sovereignty of the PRC.
But as I have said above, no compromise can be possible over the selection of the first Chief Executive of the SAR. It is of the utmost importance that this Chief Executive is selected by a democratic process so that he or she has the full confidence of all people in Hong Kong.
I now come to the consideration of Municipal Government within the framework of the Basic Law.
Just how little our role is understood was made very clear to us by the fact that our oral consultation with the Basic Law Committee was conducted by the second string. Not one of the senior Mainland members was present. In other words, we were fobbed off, and this in spite of the fact that we are the only non-Government body in Hong Kong with executive powers. Our financial autonomy gives us positive powers in contrast to the Legislative Council who only have negative powers. This lack of understanding of what we are all about is shown quite clearly by the phraseology of Article 96 of the Basic Law, and again I must ask both Councillors and the media to read carefully what I have to say in my tabled comments on Article 96. There is, in fact, a phrase in Article 3 of the Constitution of the People's Republic of China which states 'that the division of functions and powers between the Central and Local State organs is guided by the principle of giving full scope to the initiative and the enthusiasm of local authorities under the unified leadership of the Central Authority', which gives the local authorities in the PRC a much better deal than Article 96 gives us in the SAR. I think it is of the utmost importance that the Basic Law recognizes the difference between the Legislature and the direct intervention in people's lives by the Municipal Government. I am sure I don't have to spell out that if we don't collect the garbage properly, and if we don't encourage the Arts, and if we don't run musuems and sports, the quality of life will be immediately and severaly affected. The Basic Law must make proper provisions for Municipal Government in the SAR and Article 96 must be altered, and perhaps a paraphrase of the paragraph from the Constitution of the PRC I have just quoted will do the trick.
In conclusion, let me say that I personally feel that this process of trying to devise a Basic Law, a constitution for a completely new concept of territory, gives us all the chance to make history, because, if we get the Basic Law right and if it works, we will have created a model which can solve a great many political problems all over the world, including the unification of Germany, of
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