HC Deb 08 June 1988 vol 134 cc834-6
8. Mr. Jim Marshall

To ask the Secretary of State for Foreign and Commonwealth Affairs when and how he intends to make representations to the Government of China in relation to the Basic Law of Hong Kong.

Sir Geoffrey Howe

The drafting of the Basic Law is the responsibility of the Chinese Government. If there are points which we consider are inconsistent with the joint declaration, we shall make our views known to the Chinese authorities clearly and firmly.

Mr. Marshall

Is the Foreign Secretary aware of the rising tide of migration from Hong Kong, particularly among professional people who fear for their future there after it is taken over by China? As a consequence of that, does he propose to suggest any alteration to the draft Basic Law to seek to allay the fears that are giving rise to migration?

Sir Geoffrey Howe

I am aware that there has been some increase in the amount of emigration from Hong Kong, not least because of increased opportunities in some of the recipient countries. There are also large numbers of people returning to Hong Kong. That should be regarded as an important factor in maintaining confidence in the territory. It was on that basis that I discussed it yesterday with the Chinese Foreign Minister, when I met him in New York. In the same conversation I made it clear, as he well knows, that it is important for the Basic Law, which is now the subject of consultation for a five-month period, to fulfil precisely the commitments which were so important in the joint declaration signed by both countries. We shall continue to stress its importance in the many opportunities open to us.

Sir Peter Blaker

While there are probably some parts of the draft Basic Law which need to be changed, which would not be surprising in any first draft, does my right hon. and learned Friend agree that the wide consultations that the Chinese authorities have arranged regarding the draft Basic Law, both before its publication and since, shows their desire for the final Basic Law to correspond with the joint declaration and to be acceptable to the people of Hong Kong as a whole?

Sir Geoffrey Howe

I agree strongly with that point. The Basic Law first draft as published is itself a substantial document with important alternatives on some key points. It is expressly the subject of wide consultation in Hong Kong. When I was there last week, I welcomed the willingness of the Chinese authorities to consult as fully as they are doing. I am sure that will make an important contribution to confidence in Hong Kong.

Dr. Bray

Is the Foreign Secretary aware that the draft of the Basic Law departs from the joint declaration in certain important respects, such as the autonomy of the special administrative region and the power of the courts in Hong Kong to determine the legitimacy of legislation, rather than for this to be determined solely by Beijing? Is the Foreign Secretary aware that the strength of his position has been undermined by his statement in Hong Kong that full democracy is not for Hong Kong?

Sir Geoffrey Howe

It would have been if I had said that. What I said was that at the time of the original commitment in the course of our negotiations on the joint declaration, when we secured a commitment to an elected legislative authority, that did not necessarily imply any particular form of election in any particular volume. That has been the subject of many discussions in the subsequent Green and White Papers, the latest conclusions of which were welcomed by an overwhelming majority of the Legislative Council the other day. The Basic Law itself makes important provisions for the independence of the judiciary, for the continuation of the common law system and for final judgment to be vested in Hong Kong, but I am aware that difficult areas are bound to exist in the distribution of powers of this kind, which are the subject of further consideration in Hong Kong.