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Therefore, the time alternative must be something in reality as well as in name. Except the time element, no other obstruction or pretext should be allowed to exist. Moreover, the time span should be as short as possible. My opinion is that the final democratic alternative should be attained within a decade from 1997.
(3) The starting point of the time alternative must conform with the principles of democracy, or else it will likely go backwards instead of progressing gradually. In my opinion, no less than 50% of the seats of the legislature should be filled by direct election, and this is what I consider to be the baseline. If we take a look at the district boards, we will notice that although two-thirds of the seats are filled by direct election, most of them are dominated by the conservatives. Actually, the industrial and commercial sector, the professionals and the grass-roots will enjoy equal chance in direct elections, and there is nothing to be afraid of if there are a few more directly elected seats.
District Organizations
Only Articles 96 and 97 of the Draft deal with district organizations. The issue, however, has much significance on the future development of the municipal councils and the district boards and hence warrants discussion here.
Article 96 of the Draft stipulates that only district organizations which are not local organs of political power may be established in the future Hong Kong Special Administrative Region. The meaning of the phrase 'not local organs of political power' is, however, not clear. I have tried to look up some dictionaries on politics, administration and law that are published in the Mainland, but have failed to find the term 'local organs of political power'. It states that 'district organizations which are local organs of political power' are prohibited; but it seems more important to state exactly what sort of district organizations are allowed to be set up. According to the context of Article 96, the powers and functions of the permitted district organizations are tantamount to the sum of the powers and functions of the present Urban Council, Regional Council and District Boards. I personally think that such a description is far too rigid, obscure and also dispensable because:
(1) the meaning of the wording 'not local organs of political power' is unclear. Generally speaking, both the Urban Council and the Regional Council possess some policy-making and administrative powers. More undeniable is that they have to a certain extent influence on politics. The district boards are also in a position to exert their political influence on government policies. How can we say that they are district organizations which are not local organs of political powers. In fact, all such district organizations are local organs of political power in a broad sense.
(2) 'District organizations which are not local organs of political power' most probably means 'district organizations which are not district government'. But this too is unnecessary, for the district organizations in Hong Kong should be autonomous. Moreover, the current pattern of district administration is only the result of the gradual setting up of district boards and the Regional Council by the Government since 1981. It is a situation which is unstable and which seems to be still changing. In my view, before deciding on the pattern of district organizations in Hong Kong, we must ensure that it co-ordinates well with the Legislative Council, the Chief Executive and the mode of operation of the future SAR Government as a whole and that more flexibility should be allowed. This too is actually a matter of autonomy and need not be delineated in the Basic Law. I therefore propose to rephrase Article 96 as follows:
Article 96: District organizations may be established in the Hong Kong Special Administrative Region, to be consulted in accordance with the law by the government of the Region, and to provide in accordance with the law services in the fields of culture, recreation, environmental sanitation and district management as well as other services.
Power of Interpretation, Review of the Constitutionality of Laws and Limits of Autonomy
The local people have put forward comparatively more proposals on the power of interpretation and review of the constitutionality of laws. The main argument in the end is in fact how to interpret 'one country, two systems' and how to specifically give expression to sovereignty and the limits of autonomy. I am of the view that emphasis on the aspect of sovereignty in the Draft can be aptly reduced. My concrete proposals are:
(1) The Standing Committee of the National People's Congress has in principle the power of final interpretation of the Basic Law and the power to review the constitutionality of laws enacted by the Legislative Council of the HKSAR;
(2) part of the provisions in the Basic Law can, however, be put within the limits of autonomy and the power of final interpretation together with the power to review the constitutionality of laws that contravene these provisions be delegated to the Court of Final Appeal of the HKSAR;
(3) to further grant full power of interpretation and power to review the constitutionality of laws during adjudication to the Court of Final Appeal of the HKSAR, while the Standing Committee of the NPC will retain such powers with regard to provisions that are outside the limits of autonomy; and
(4) it must be clearly stated in the Basic Law what articles or chapters are within the limits of autonomy and obviously, at least Chapters 3, 5 and 6 (if Chapters 5 and 6 are not to be deleted) should be within these limits. Madam Chairman, it is sometimes difficult to distinguish between forests and woods, but after all, there is a difference, as there is a difference between sovereignty and autonomy, one country and two systems. When we say this forest is ours, we only have to lay down some management guidelines, such as those which prohibit it from being sold without consent, prevent the keeper
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HONG KONG URBAN COUNCIL
Therefore, the time alternative must be something in reality as well as in name. Except the time element, no other obstruction or pretext should be allowed to exist. Moreover, the time span should be as short as possible. My opinion is that the final democratic alternative should be attained
within a decade from 1997.
(3) The starting point of the time alternative must conform with the principles of democracy, or else it will likely go backwards instead of progressing gradually. In my opinion, no less than 50% of the seats of the legislature should be filled by direct election, and this is what I consider to be the baseline. If we take a look at the district boards, we will notice that although two-thirds of the seats are filled by direct election, most of them are dominated by the conservatives. Actually, the industrial and com- mercial sector, the professionals and the grass-roots will enjoy equal chance in direct elections, and there is nothing to be afraid of it there are a few more directly elected seats.
District Organizations
Only Articles 96 and 97 of the Draft deal with district organizations. The issue, however, has muct significance on the future development of the municipal councils and the district boards and hence warrants discussion here.
Article 96 of the Draft stipulates that only district organizations which are not local organs of political power may be established in the future Hong Kong Special Administrative Region. The meaning of the phrase 'not local organs of political power' is, however, not clear. I have tried to look up some dictionaries on politics, administration and law that are published in the Mainland, but have failed to find the term 'local organs of political power'. It states that 'district organizations which are local organs of political power' are prohibited; but it seems more important to state exactly what sort of district organizations are allowed to be set up. According to the context of Article 96, the powers and functions of the permitted district organizations are tantamount to the sum of the powers and functions of the present Urban Council, Regional Council and District Boards. I personally think that such a description is far too rigid, obscure and also dispensable because:
(1) the meaning of the wording 'not local organs of political power' is unclear. Generally speaking, both the Urban Council and the Regional Council possess some policy-making and administrative powers. More undeniable is that they have to a certain extent influence on politics. The district boards are also in a position to exert their political influence on government policies. How can we say that they are district organizations which are not local organs of political powers. In fact all such district organizations are local organs of political power in a broad sense.
(2) 'District organizations which are not local organs of political power' most probably means 'district organizations which are not district government'. But this too is unnecessary, for the district organizations in Hong Kong should be autonomous. Moreover, the current pattern of district adminis-
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tration is only the result of the gradual setting up of district boards and the Regional Council by the Government since 1981. It is a situation which is unstable and which seems to be still changing. In my view, before deciding on the pattern of district organizations in Hong Kong, we must ensure that it co-ordinates well with the Legislative Council, the Chief Executive and the mode of operation of the future SAR Government as a whole and that' more flexibility should be allowed. This too is actually a matter of autonomy and needles to be delineated in the Basic Law. I therefore propose to rephrase Article 96 as follows:
Article 96 District organizations may be established in the Hong Kong Special Administrative Region, to be consulted in accordance with the law by the government of the Region, and to provide in accordance with the law services in the fields of culture, recreation, environmental sanitation and district management as well as other services'.
Power of Interpretation, Review of the Constitutionality of Laws and Limits of Autonomy
The local people have put forward comparatively more proposals on the power of interpretation and review of the constitutionality of laws. The main argument in the end is in fact how to interpret 'one country, two systems' and how to specifically give expression to sovereignty and the limits of autonomy. I am of the view that emphasis on the aspect of sovereignty in the Draft can be aptly reduced. My concrete proposals are:
(1) The Standing Committee of the National People's Congress has in principle the power of final interpretation of the Basic Law and the power to review the constitutionality of laws enacted by the Legislative Council of the HKSAR;
(2) part of the provisions in the Basic Law can, however, be put within the limits of autonomy and the power of final interpretation together with the power to review the constitutionality of laws that contravene these provisions be delegated to the Court of Final Appeal of the HKSAR; (3) to further grant full power of interpretation and power to review the constitutionality of laws during adjudication to the Court of Final Appeal of the HKSAR, while the Standing Committee of the NPC will retain such powers with regard to provisions that are outside the limits of autonomy; and
(4) it must be clearly stated in the Basic Law what articles or chapters are within the limits of autonomy and obviously, at least Chapters 3, 5 and 6 (if Chapters 5 and 6 are not to be deleted) should be within these limits. Madam Chairman, it is sometimes difficult to distinguish between forests and woods, but after all there is a difference, as there is a difference between sovereignty and autonomy, one country and two systems. When we say this forest is ours, we only have to lay down some management guidelines, such as those which prohibit it from being sold without consent, prevent the keeper
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