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142
January-1 March 1997
1 April 1997
April-30 June 1997
1 July 1997
HONG KONG URBAN COUNCIL
(1) The Chairman of the Election Committee/the
Chief Executive designate selected.
(2) Election of the second and third batches of
Legislative Council members (i.e. members elected by districts and by the electoral college).
Appointment of the Chief Executive by the Central
Government.
The shadow government and the Legislative Council come into operation.
Formalities of transfer of government.
MR. RONNIE M. C. WONG (in Cantonese):-Madam Chairman, it has been more than four months since the issue of the Draft Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (for Solicitation of Opinions) in May. During the period, a lot of views have been voiced from various sectors, particularly in the aspects of the relationship between the Central Authorities and the HKSAR, the selection of the Chief Executive, the formation of the Legislature as well as the interpretation and amendment of the Basic Law.
I would like to take this opportunity to express my opinions on a few issues in the Draft Basic Law which not many people have commented on.
Personally, I find it necessary to modify Article 96, Section 5 in Chapter IV and support the query raised in the OMELCO Standing Panel on Constitutional Development Report on Draft Basic Law about the provision of this article. 'District organizations' as stated in Article 96 refer, in specific terms, to the District Boards and the two municipal Councils. Since the status and the continuity of the District Boards have well been safeguarded in Article 65, Section 2 in this chapter, it is inappropriate that district boards and local organizations vested with real administrative power are dealt with collectively in Section 5. To provide an alternative, I propose Article 96 be modified as 'district organizations with local political power may be established in the HKSAR to be responsible for providing services in such fields as culture, recreation and environmental hygiene.' Meanwhile, Article 97 in Section 5 should be retained in its entirety.
Article 157 in Chapter VI stipulates that organizations in fields such as education, science, technology, culture, sports, health, the professions, labour, social welfare and religion in the HKSAR may maintain and develop relations with foreign countries and other regions and with relevant international organizations, They may, as required, use the name 'Hong Kong, China' in the relevant activities. I hold that the provisions concerning the use of the name 'Hong Kong, China' should be amended. The phrase 'as required' implies that the use of such name is purely optional and that it is even possible to adopt other names. I suggest that the original provision 'they may, as required, use the name "Hong Kong, China"' be changed into 'they should use the name “Hong Kong, China”.'
While awaiting the drafting of Articles 166, 167 and 168 in Chapter VIII concerning the use of a regional flag and regional emblem in addition to the display of the national flag and national emblem, I hope that the following points will be incorporated into these articles:
1. Apart from a regional flag and regional emblem, the HKSAR may have
2.
a regional anthem of its own which represents the region.
The extent of application of the regional flag, regional emblem and the regional anthem proposed above should be stipulated in detail and should not be too restricted.
Madam Chairman, with these remarks, I support the motion.
MISS VICTORIA Y. CHAN (in English):-Madam Chairman, after 3 years the first draft of the Basic Law was released on the 28 April this year.
Should the draft be accepted in its final form, it will serve as a mini-constitution for the future Hong Kong Special Administrative Region (SAR) after 1997.
Much has been said and written on the draft Basic Law. The reasons for Hong Kong's worries and China's explanations have been widely publicized through the media and I do not intend to go into the details.
As a lawyer, my immediate and main focus has been on Article 169 of the existing draft which provides that the power of interpretation of the Basic Law shall rest with the Beijing's Standing Committee of the National People's Congress. This appears to have deviated from the Joint Declaration which stipulated that the SAR's power of final judgment would be vested in the Court of Final Appeal of the SAR.
Hong Kong has thrived under its present legal system, and the rule of law and an independent judiciary are essential elements to preserve Hong Kong's open society.
Should the first draft be not amended to the effect that the SAR has the power of final judgment, the SAR's judicial power will be curtailed.
If Hong Kong is to remain unchanged for 50 years as is the intention, I would like to see further consideration be given to Article 169 to give the power of interpretation of the Basic Law to the SAR Court.
Madam Chairman, I support the motion.
VICE-CHAIRMAN (in English):-Thank you. Now as Mrs. CHOW hasn't returned, the Secretary has agreed to read out Miss Fox Pui-yee's speech.
Page 75
Page 76 of 182
143
Page 76 of 182
Page 75 of 182
"L
142
January-1 March 1997
1 April 1997
April-30 June 1997
1 July 1997
HONG KONG URBAN COUNCIL
(1) The Chairman of the Election Committee/the
Chief Executive designate selected.
(2) Election of the second and third batches of
Legislative Council members (i.e. members elected by districts and by the electoral college).
Appointment of the Chief Executive by the Central
Government.
The shadow government and the Legislative Council come into operation.
Formalities of transfer of government.
MR. RONNIE M. C. WONG (in Cantonese):-Madam Chairman, it has been more than four months since the issue of the Draft Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (for Solicit ation of Opinions) in May. During the period, a lot of views have been voiced from various sectors, particularly in the aspects of the relationship between the Central Authorities and the HKSAR, the selection of the Chief Executive, the formation of the Legislature as well as the interpretation and amendment of the Basic Law.
I would like to take this opportunity to express my opinions on a few issues in the Draft Basic Law which not many people have commented on.
Personally, I find it necessary to modify Article 96, Section 5 in Chapter IV and support the query raised in the OMELCO Standing Panel on Constitu- tional Development Report on Draft Basic Law about the provision of this article. 'District organizations' as stated in Article 96 refer, in specific terms, to the District Boards and the two municipal Councils. Since the status and the continuity of the District Boards have well been safeguarded in Article 65, Section 2 in this chapter, it is inappropriate that district boards and local organizations vested with real administrative power are dealt with collectively in Section 5. To provide an alternative, I propose Article 96 be modified as 'district organizations with local political power may be established in the HKSAR to be responsible for providing services in such fields as culture, recreation and environmental hygiene.' Meanwhile, Article 97 in Section 5 should be retained in its entirely.
Article 157 in Chapter VI stipulates that organizations in fields such as education, science, technology, culture, sports, health, the professions, labour, social welfare and religion in the HKSAR may maintain and develop relations with foreign countries and other regions and with relevant international organizations, They may, as required, use the name 'Hong Kong, China' in the relevant activities. I hold that the provisions concerning the use of the name 'Hong Kong, China' should be amended. The phrase 'as required' implies that the use of such name is purely optional and that it is even possible to adopt
HONG KONG URBAN COUNCIL
Page 75 of 182
143
other names. I suggest that the original provision 'they may, as required, use the name "Hong Kong, China" be changed into 'they should use the name “Hong Kong, China".
While awaiting the drafting of Articles 166, 167 and 168 in Chapter VIII concerning the use of a regional flag and regional emblem in addition to the display of the national flag and national emblem, I hope that the following points will be incorporated into these articles:
1. Apart from a regional flag and regional emblem, the HKSAR may have
2.
a regional anthem of its own which represents the region.
The extent of application of the regional flag, regional emblem and the
regional anthem proposed above should be stipulated in detail and should not be too restricted.
Madam Chairman, with these remarks, I support the motion.
MISS VICTORIA Y. CHAN (in English):-Madam Chairman, after 3 years the first draft of the Basic Law was released on the 28 April this year.
Should the draft be accepted in its final form, it will serve as a mini- constitution for the future Hong Kong Special Administrative Region (SAR) after 1997.
Much has been said and written on the draft Basic Law. The reasons for Hong Kong's worries and China's explanations have been widely publicized through the media and I do not intend to go into the details.
As a lawyer, my immediate and main focus has been on Article 169 of the existing draft which provides that the power of interpretation of the Basic Law shall rest with the Beijing's Standing Committee of the National People's Congress. This appears to have deviated from the Joint Declaration which stipulated that the SAR's power of final judgment would be vested in the Court of Final Appeal of the SAR.
Hong Kong has thrived under its present legal system, and the rule of law and an independent judiciary are essential elements to preserve Hong Kong's open society.
Should the first draft be not amended to the effect that the SAR has the power of final judgment, the SAR's judicial power will be curtailed.
If Hong Kong is to remain unchanged for 50 years as is the intention, I would like to see further consideration be given to Article 169 to give the power of interpretation of the Basic Law to the SAR Court.
Madam Chairman, I support the motion.
VICE-CHAIRMAN (in English):-Thank you. Now as Mrs. CHOW hasn't returned, the Secretary has agreed to read out Miss Fox Pui-yee's speech.
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Page 76 of 182
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