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A VISION OF THE FUTURE

The Basic Law

The second draft of the Basic Law was published in February. It was generally seen as a considerable improvement on its predecessor. Careful note had clearly been taken of points made in Hong Kong during the consultation period in 1988. Recent events in China have re-focused public attention on some parts of the Basic Law. I have already referred to the various models that have been put forward with regard to the composition of the legislature. Another area which has been the subject of much debate is the relationship between the central authorities and the SAR Government. I hope that the people of Hong Kong will use this final period of consultation to put forward their views on the draft of a document which will be of great importance to their future.

The Chinese Government have made it clear that they intend to publish the Basic Law next spring. Its contents will have a significant impact on how people, both locally and overseas, view the future of Hong Kong. A Basic Law that meets the main points of concern in Hong Kong can go a long way to restoring confidence in the future of the territory. I therefore urge the Basic Law drafters to be receptive to the views expressed on the draft in Hong Kong during the current consultation period and to take them carefully into account. There is a great deal at stake.

Bill of Rights

In Hong Kong we have always taken for granted the basic social and political freedoms that we enjoy. These are backed up by many different provisions of statutory and common law. In addition, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights have been extended to Hong Kong since 1976, and their continued application beyond 1997 is guaranteed in the Joint Declaration.

It is clear that there is now strong support in the community for these freedoms to be entrenched through the enactment of a Bill of Rights. The government has been considering what form such a bill might take. We propose that it should give effect in local law to the relevant provisions of the International Covenant on Civil and Political Rights. This means that if anyone believes that their civil or political rights, as defined in the covenant, have been violated, they will be able to seek redress in the courts. We aim to publish a White Bill for public consultation by the end of this year and to introduce draft legislation into this Council by July 1990. Within this timescale there will not be time for a comprehensive review of all our existing laws to remove any areas of doubt about their full compatibility with the Bill of Rights. To avoid any unnecessary uncertainties the draft bill will provide for a limited period after its enactment during which existing laws cannot be challenged against the standard of the new bill.

The provisions of the other international covenant, the Covenant on Economic, Social and Cultural Rights, are different in nature. They are in the form of objectives to be achieved progressively and, generally speaking, are not rights which individuals could easily enforce in the courts. For these reasons they are not well suited for inclusion in a Bill of Rights designed to give people the right of direct action in the courts. We are of course fully committed to the objectives of the covenant and seek to implement them through our existing legislation and policies.

The Joint Liaison Group

Much of the detailed work on implementing the Joint Declaration takes place in the Joint Liaison Group (JLG). The achievements of the JLG during the past four years have contributed significantly to the maintenance of confidence in Hong Kong. They have been possible only because of the close contacts and co-operation between the two sides. Inevit-

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