Yang Ti-liang, the former Chief Justice of the Supreme Court of Hong Kong, passed away on 24 June 2023. He ran in the first Chief Executive election and lost. While fighting an uphill battle, he wrote a platform to show his pledge to Hong Kong. As our site is to promote easier access to such material, Hong Kong Columns (Translated) types and reproduces it digitally. Copying and pasting this is easy because we have typed it for you. Please credit us when you quote from here.
香港首位華人最高法院首席大法官楊鐵樑於2023年6月24日逝世。他曾參選首任特首選舉,並且落敗。明知董建華已勝券在握,他仍展示不懈努力,為香港寫下其抱負和理想。本網素來希望史料可於網上取得而不必下下翻箱倒櫃,故此整理並輸入電腦。你得來全不費功夫,全賴我們整理,故如蒙引用,請記得表明由Hong Kong Columns (Translated)整理。
(註:中文原文使用明體、楷體及黑體,現楷體部分以淺黃色顯示,黑體部分以淺藍色顯示。)
穩步跨進二十一世紀
(參選政綱)
一.導言
香港人對未來有甚麼期望?對特區政府會有甚麼要求?我相信,香港人的期望是香港經濟繼續繁榮、安定、自由、民主;香港人會要求特區政府努力使一國兩制成功,維持香港的社會制度不變,以香港利益為依歸,妥善處理中港關係,加強與中央及內地的合作,使香港能夠從中得益;香港人會要求特區政府實行廉政法治,維持社會穩定,減少可能出現的不穩定因素,使各階層人士能和諧共處,安居樂業;香港人會要求特區政府保持經濟繁榮,槁好基本建設,提高香港的經濟競爭力,保障投資者的利益,保持香港作為國際金融中心、進出口貿易中心、航運中心、資訊中心和自由港的地位;香港人會要求特區政府提高市民的生活質素及社會福利,改善民生;香港人會要求特區政府保障自由及人權,保障香港人現有生活方式不變;香港人會要求特區政府發展民主政制,確保各階層、各界別、能夠均衡參與,加強政府的效率、問貴性和透明度。
二.落實一國兩制
- 按照基本法管理香港,提倡愛國愛港精神,保持香港獨特的社會制度和長期繁榮穩定局面的優勢,爭取對中國作出貢獻;
- 以香港利益為依歸,維護香港高度自治,以求同化異精神解決矛盾,保障香港自治範圍內的事務不受干預;
- 政府必須成為兩制的橋樑,必須加強與中央及內地省市政府的漓通,建立互信、互惠、互相尊重的關係;
- 鼓勵香港人依法參與國家事務的管理,維護國家主權,促進內地的穩定和發展,爭取中央制定對香港有利的政策。
- 維持香港獨特的社會制度,發揮香港作為中國最發達經濟地區的作用,為中國引進國際企業,同時促進中國經濟對外拓展,對中國整體經濟發展作出貢獻
- 特區政府、香港駐京辦事處應建立與中央和港澳辦的有效聯繫渠道,隨時向中央反映香港人的意見,但不干涉內地的政治制度
- 由一名司級官員專責研究和處理香港與內地的交流和合作;在與香港交往頻密的省市,設立辦事機構,保護在內地的港人和企業
- 爭取中央在制訂有關香港的政策如香港區人大代表產生辦法、港人與內地往來有關規定等,聽取香港人意見,使香港人的利益得到合理照顧
- 加強有關國家民族的公民敎育,使港人正確了解中國,消除偏見,促進兩地人民交流;爭取中央擴大對香港政策的宣傳,使市民能夠更充分掌握,減少疑慮
- 保持與台灣的非官方聯繫,發揮溝通橋樑作用,推動兩岸人民的各方面交流聯繫
- 促進香港各政治團體與中央的溝通;加強兩地在社會民生各方面的交流,包括經貿、科研、體育、文化、教育、環保、基建等;加強兩地在打擊犯罪活動方面的聯繫及合作
三.維持社會穩定
- 政府必須維持良好治安,這是政府的第一責任;
- 政府必須維持一支廉潔和有效率的公務員隊伍,維護平等和公義;
- 政府必須進一步健全法制,加速中文立法和審判案件。
- 維持公務員隊伍和架構穩定,協助公務員消除對前景的疑慮,完善公務員培訓及學歷評審制度,提高整體公務員的信心和士氣,使公務員隊伍維持高質素及高效率;防止首長級公務員出現「斷層」情況,這是保持香港社會正常運作的必要條件
- 加強紀律部隊的運作,使他們繼續成為保證香港實行法治的力量:致力維持社會治安良好,保障市民生命財產、防止暴亂發生、打擊暴力犯案、打擊販毒活動、遏止青少年犯罪;檢討目前的危機處理程序
- 嚴厲打擊貪污,確保政府上下清廉,樹立良好榜樣:維持社會各階層、公營及私營部門廉潔,使公平和自由競爭的精神得以繼續發揚
- 加強市民對香港和中國的歸屬感,建立和諧穩定的社會環境
四.鞏固經濟繁榮
- 基本法總結香港成功的基本經濟政策:低稅率和簡單稅制、不干預政策、自由貿易、控制政府開支和維持聯繫匯率等,必須維持不變;
- 政府必須制訂健全而公平的法規,發展公平競爭的環境,吸引投資,保護投資者的利益;
- 政府必須鼓勵發展具國際競爭力的產業,並採取接近發達國家的環保標準;
- 政府必須鞏固現已形成的華南經濟體系,發展香港與內地的經濟關係。
- 加強對金融機構的監管,將金融制度提高到國際認可水平,加強與世界溝通,制訂完善法規,將香港推廣成為一個多元化的國際金融中心,吸引國際和內地資金
- 設立獨立委員會檢討法律服務的問題,提高香港法律服務的質素,為中港經濟發展服務
- 鼓勵發展與服務業和高科技有關的人力投資,促進「高增值」產業的發展,為科技研究提供税務優惠,配合經濟結搆轉變的趨勢,及中港經濟合作的需要;通過貿易發展,創造更多就業機會
- 檢討及制訂完善的土地政策和城市規釗,制訂土地使用劃區,確保土地有效分配,鼓勵私人發展商舊區重建
- 配合城市規劃和對外發展的需要,建立基礎建設和交通運輸網絡,改善及發展全港道路交通網絡,設立中央管理及資料系統,以便更有效管理全港道路情況;改善海上及空中交通安全
- 利用中國經濟起飛的機遇,發揮香港的作用;利用香港在華南經濟體系中的優勢,開發投資內地服務行業,開拓內地市場,保持香港與內地經濟整體結合的優勢,加強與美國、日本、歐洲及東南亞的經濟關係
- 對中、小型企業及家庭式作業提供税務優惠,使市民能享受經濟發展成果;協助業者減輕在環保設施投資方面的負擔
- 發揮商界積極性,聘請經濟發展顧問,協助政府制訂發展規劃和政策
- 節省公共開支,提高公營服務的效率和經濟效益,將政府收費維持在合理水平,照顧市民負擔能力;對能源、交通等公用事業進行嚴密監管,使加幅維持在合理水平,打擊通脹
- 將香港發展成為國際貿易資訊中心,保持有效的資訊運作系統,改進交易和交收的自動化系統;完善有關廣播事業的法例,促廣播業發展,立例解決有關資訊科技的社會問題
五.提高市民生活質素
- 政府有責任創造全民就業的環境,幫助市民提高生活質素;
- 政府有責任對失業、疾病、殘疾和年老等人士實行社會保障,救濟貧窮群體;
- 制訂長遠的環保政策,管制空氣污染和噪音滋擾,配合香港鄰近地區提出綜合治理環境的規劃:完善垃圾處理、污水排放程序及方式,鼓勵循環再用,加強檢控非法使用土地人士;改善市政服務,使市民生活環境更清潔美好
- 對文化藝術、康樂、體育活動和機構,提供合理資助及加以推動,提高及豐富市民的生活質素
六.保障人權自由
- 維持司法獨立、言論自由、資訊開放,是保障人權和自由的基本因素;
- 人權與法治之間必須取得平衡;
- 法律面前人人平等,法律援助應予加強,確保市民均能享有這項基本權益,不會因為無能力聘請律師而得不到公平的對待。
- 修改人權法案與基本法有抵觸的部分,將人權法案納入正軌,同時堵塞因人權法案而導致某些法例出現的漏洞,更有效打擊罪案
- 保持司法制度和法律專業的獨立性,進一步鞏固和完善香港原有的司法制度及加強司法人員培訓工作,確保香港司法公正無私,這是香港法治的基礎
- 保障言論自由和新聞自由,使傳媒可以有效地對政府作出監察
- 修訂官方保密法,保證資訊自由和開放言論,使市民可得到更多政府資訊,但同時立法限制未經批准而攫取他人資料的行為
- 加強法律援助和其他免費法律服務,使所有刑事案件中的被告,有獲得免費律師代表的權利;於有條件時設立獨立於政府行政部門的法律援助局
- 向中央政府建議,中國簽署兩個國際人權公約,維持香港定期向聯合國人權委員會提交報告的做法
七.發展民主政制
- 維持行政主導,行政立法互相配合、互相制衡,司法獨立的原則:
- 循序漸進地發展民主政制,制訂公平、開放,切實可行的政制方案,照顧各階層、各界別的均衡參與
- 維持政府的有效管治,使政府成為一個開放、接受市民監察和向市民負責的政府。
- 按照基本法,加強行政會議的作用,由具有行政經驗、政府工作經驗和有各方面代表性的人士組成
- 由一名司級官員負責與立法會的政黨溝通合作,加強行政與立法的合作
- 與籌委會密切合作,提出一個符合香港實際情況的第一屆立法會選舉方案,確保多元化的民意在議會內得到反映
- 委任臨時區議會及兩個市政局議員,以便議會繼續順利運作;檢討諮詢組織的功能,重新委任所有諮詢組織成員
- 發揮行政事務申訴專員公署的作用,確保政府的決定和政策對公眾負責
- 確保立法會有權透過審批法案和政府的財政開支,使政府的政策得到公眾接受和符合公眾利益,同時有權透過質詢政府,監管政府施政
八.結論
楊鐵樑簡歷
一・背景
二.工作資歷
三.歷任公職
A Steady Progress into the 21st Century
(Policy Platform)
I. Preamble
Come 1997, China will resume its sovereignty over Hong Kong. Being a special administrative region of China, Hong Kong will implement the Policy of “One Country Two Systems” and it will be ruled by its own people. A government formed entirely by its people - the Government of the Hong Kong Special Administrative Region (HKSAR) will emerge for the very first time. What do Hong Kong people expect of the future? What will be their demands of the future SAR Government?
I believe that the people will expect Hong Kong to maintain its prosperity, stability, freedom and democracy; they will expect the SAR Government to strive to make “One Country Two Systems” a success and keep the social system of Hong Kong unchanged; besides, they will expect the SAR Government to satisfactorily handle the relationship between Hong Kong and China on the basis of the interests of Hong Kong, and to strengthen its cooperation with the Central Authorities and governments of the various provinces and municipalities so that Hong Kong may benefit from it.
The people of Hong Kong will expect the SAR Government to be free from corruption and to practise the rule of law, maintain social stability and reduce factors that may lead to instability so that people from different sectors may live in peace and harmony and work in contentment.
The people of Hong Kong will expect the SAR Government to maintain economic prosperity, improve infrastructure, enhance Hong Kong’s economic competitiveness, safeguard the interests of the investors, and to maintain Hong Kong’s position as an international financial center, a hub for import and export trade, a shipping center and a free port.
The people of Hong Kong will expect the SAR Government to raise their standard of living and enhance social welfare so that their livelihood can be improved.
The people of Hong Kong will expect the SAR Government to protect freedom and human rights, and maintain their present way of life.
The people of Hong Kong will expect the SAR Government to develop a democratic political system so as to ensure equal participation of people from the various classes and sectors, and to improve the efficiency, accountability and transparency of the Government.
Expectations of the people of Hong Kong are but the driving forces behind the SAR Government! Having served in the legal profession for a long time, I am familiar with the legal system of Hong Kong, which makes me confident that I can lead the SAR Government to meet the above expectations of the people. We do not have to start from scratch, instead, we have the Basic Law as the basis and foundation for ruling Hong Kong, and many ground-work have been done by the Preparatory Committee, in addition, we have the goodwill of the people of Hong Kong to make it a better place. Hence, I have no doubt that the citizens of Hong Kong will support the Government in its strive to maintain social stability and economic prosperity, and together we will open up a new prospect for Hong Kong! Undoubtedly, the expectations of the citizens will be realized!
Il. To Implement “One Country Two Systems”
After 1997 Hong Kong will once again become a “family” member of China under the Central’s jurisdiction. There are different opinions as to how “One Country Two Systems”, “Hong Kong people ruling Hong Kong”, and “a high degree of autonomy” could be materialized. Some people are worried that the policies of the Central Authorities will chop and change, some are afraid that the Central Authorities will intervene in the internal affairs of Hong Kong, some have an “affection complex” towards China and worry that whenever conflicts between Hong Kong and China arise, the SAR Government will too readily “Kowtow” and make concessions to the Central Authorities. With these worries in mind, people require that the SAR Government will be bold enough to say “No” to the Central Authorities. Some people are even worried that the Central Authorities will unscrupulously make arrests and persecution and destroy the original way of life and the various freedoms in Hong Kong. These are confidence problems.
On the basis of the following principles, I will strive for the greatest possible success of “One Country Two Systems” and dispel Hong Kong people’s worries of the future:
- To manage Hong Kong according to the Basic Law, promote patriotism and the love for Hong Kong, maintain the unique social system and the favorable factors brought by the long-term prosperity and stability of Hong Kong, and strive to make contributions to China;
- To safeguard the high degree of autonomy of Hong Kong on the basis of its interests, resolve conflicts with the spirit of seeking common ground while reserving differences, and ensure that affairs within the autonomy of Hong Kong are free from intervention;
- To serve as a bridge between the “Two Systems” and strengthen communication with the Central Authorities and the local governments in the Mainland in order to foster mutual trust and respect for the benefits of both;
- To encourage Hong Kong people to participate in the management of national affairs according to the law and safeguard the sovereignty of the nation, promote stability and development in the Mainland and strive to make the Central Authorities formulate policies that are in the interests of Hong Kong.
I believe that the following policies should be formulated:
- to maintain the unique social system of Hong Kong, make full use of the fact that Hong Kong is the most economically developed region in China with a view to channeling international enterprises into China; assist China in her expansion of economic activities overseas and contribute to the overall economic development of China
- effective channel of communication between Hong Kong Government, the Hong Kong Office in Beijing, the Central Authorities and the Hong Kong and Macao Affairs Office should be established so that without intervening in the political system of the Mainland, the views of Hong Kong people can be reflected
- an officer of the Secretary’s rank should be appointed to examine and oversee the cooperation and exchanges between Hong Kong and the Mainland: offices should be set up in provinces and municipalities which have frequent contacts with Hong Kong so that the people and enterprises of Hong Kong in those provinces and municipalities can be protected
- to strive for the Central Authorities’ willingness to take into consideration the views of Hong Kong people in formulating Hong Kong-related policies such as the method of selection of the Hong Kong representatives to the National People’s Congress, the rules regulating activities between the people of Hong Kong and the Mainland, etc., so that the interests of Hong Kong people can be reasonably catered for
- to strengthen civil education about the nation and the Chinese race so as to reduce Hong Kong people’s prejudice against China and enable them to have an accurate knowledge of the country. Exchanges between the two places should be encouraged. A more extensive propaganda of the Central Authorities on its policies towards Hong Kong should be encouraged so as to let Hong Kong people have a thorough understanding of those policies and thus reduce their worries and suspicion
- to maintain the un-official link with Taiwan and make full use of Hong Kong’s role as a bridge to promote exchanges of various kinds between people of both sides of the Strait
- to promote communication of Hong Kong political organizations with the Central Authorities and strengthen social and civil exchanges between the two places including economic and trade, scientific research, sports, culture, education, environment protection, infrastructure, etc., and to strengthen the link and cooperation between the two places in fighting crimes
III. To Maintain Social Stability
A major factor contributing to the success of Hong Kong is its long-term social stability with a free economic system, it attracts investors and draws forth the industriousness of the Chinese people to fulfill their dreams of becoming affluent. However, with the transfer of sovereignty, factors leading to instability of Hong Kong may emerge in the post-transition period and at the initial stage of the establishment of the SAR: morale of civil servants in the law enforcement units may be adversely affected, lawless people may take advantage of the opportunity to commit crimes, an influx of illegal immigrants from the Mainland may occur, the Vietnamese refugees may refuse to leave, terrorists activities may increase, and so forth. These factors may endanger social stability of Hong Kong and tarnish the reputation of Hong Kong internationally.
On the basis of the following principles, I will formulate policies with a view to maintaining social stability:
- The Government must maintain public order - this is the very first responsibility of the Government;
- The Government must maintain a clean and efficient civil service to safeguard justice and equality;
- The Government must further enhance the legal system and expedite the process of legislation and trial in Chinese.
I suggest that the SAR Government adopt the following policies in order to maintain social stability:
- maintain structural stability of the Civil Service, assist the civil servants in dispelling their feeling of uncertainty towards the future tate training and enhance the system of accreditation of the academic qualities of civil servants, raise the confidence and morale of the civil service as a whole so that they will maintain their efficiency and render quality services; prevent the emergence of a “fault” at the secretary’s rank of the civil service. All these are the essential conditions for maintaining the normal operation of the society of Hong Kong
- strengthen the operation of the disciplined services so that they will continue to become the force of ensuring the rule of law in Hong Kong: strive to maintain public order, protect the lives and properties of the citizens, prevent riots, crack down on violent crimes and drug trafficking, reduce juvenile delinquency, and review the existing crisis management procedures
- severely crack down on corruption in order to ensure a clean and exemplary government at all levels, achieve a corruption-free situation for all sectors of the society including the public and private sectors so that the spirit of free and equal competition can be further developed
- strengthen the sense of belonging of the citizens of Hong Kong towards China and foster a stable and harmonious social ambience
IV. To Consolidate Economic Prosperity
Achieving economic development is of paramount importance to Hong Kong, it is also the most forceful guarantee for continued prosperity of the territory. The development of the private sector provides impetus for the economic development of Hong Kong, hence, giving room to vibrant commercial activities is conducive to a sound economy. Hong Kong has achieved spectacular growth in the past but at the same time, many hidden problems prevail: a trade war between China and the United States may break out in the event of which Hong Kong’s interests may be adversely affected; Hong Kong dollars may fluctuate as a result of heated speculation; Hong Kong may be distressed by the soaring prices and wages in southern China with which it has a close economic tie; the neighboring cities are trying to replace Hong Kong as the economic center of Asia. Hong Kong is in recent years distressed by unemployment, inflation, and the structural change in its economy, but due to a lack of high-technology research and development, people become worried about the future development of Hong Kong. How to maintain Hong Kong’s economic competitiveness in the international market? What will be the outlook for Hong Kong economy in the 21st Century? These are problems that call for immediate resolutions.
On the basis of the following principles, I will formulate policies for future economic developments:
- The following fundamental success factors for Hong Kong as summarized in the Basic Law must be maintained: a low tax rate and simple taxation system, policy of non-intervention, free trade, controlled government spending and pegged exchange rate, etc.;
- A fair and comprehensive framework must be established to enable the development of an environment for fair and equal competition, to attract investments and protect the interests of the investors;
- Development of industries with international competitiveness should be encouraged and standards for environmental protection close of that of the developed countries must be adopted;
- The present economic system of Southern China must be consolidated and economic relationship between China and Hong Kong developed.
In order to develop Hong Kong economy and maintain its competitive edge in the 21st Century, the following policies should be formulated:
- strengthen supervision on monetary organizations and raise the monetary system to an internationally recognized standard; strengthen global connections and formulate comprehensive regulations with a view to promoting Hong Kong as a diversified international financial center, and attract capitals from overseas and the Mainland
- institute independent committee to review the issue of legal services, improve the qualities of legal services in Hong Kong, and provide service to the economic developments between Hong Kong and China
- encourage investments in the development of human resources in service and high technology industries, promote the development of industries that have a “high added value”, provide tax concession to technological researches, take heed of the trend of structural change in the economy and the needs arising from the cooperation between China and Hong Kong, create more employment through development in trade
- review and formulate a comprehensive land and town planning policies, re-define different purposes in the use of land in order to ensure effective land distribution and encourage private developers to redevelop the old districts
- establish infrastructure and transportation network to cope with the needs arising from town planning and external developments; improve the develop territorial-wide road networks; establish a central management and data systems in order to effectively manage the road situations throughout the territory; improve aviation and marine safety
- make use of the favorable circumstances brought about by China’s economic take-off, and give full play to the role of Hong Kong; make use of the favorable position of Hong Kong in the South China economic system to develop investments in the service industry in the Mainland, to develop markets in the Mainland, maintain Hong Kong’s edge in its integration into the economy of China, strengthen economic links with the United States, Japan, Europe and Southeast Asia
- provide tax concessions to medium and small-sized enterprises and family-sized operations so that the citizens may enjoy the results of economic development; assist in alleviating the burden of the people in the industries concerned in their investments in environmental protection facilities
- make use of the initiation of the commercial sector, recruit consultants on economic development to assist the Government in formulating regulations and policies for development
- reduce public expenditure, raise the efficiency of public services and their cost effectiveness, take into consideration of people’s ability and keep government charges at reasonable levels; conduct close monitor on public utilities such as energy, transportation, etc. so that the increase in their charges will be kept within reasonable bounds, and curb inflation
- develop Hong Kong into an international trade and information center, maintain effective system of information operation, improve on the automation of transaction and delivery of stocks and shares; improve on the legislation on the broadcasting industry and promote its development; enact laws to resolve social problems brought about by information technology
V. To Raise the Standard of Living
- The Government has the responsibility to create an environment of full employment and help the citizens raise their standard of living;
- The Government has the responsibility to provide social security to the unemployed, the sick, the handicapped and the elderly, and to provide relief to the deprived group;
- The Government has the responsibility to provide basic services such as education, housing, healthcare, etc. to the needy:
- The Government has the responsibility to safeguard justice and equality because injustice and inequality are causes for social disputes.
- establish a social security system across the board, including a central provident fund scheme, heath insurance for everyone, insurance against injury and death at work, and insurance against unemployment. The aim of these insurances is to achieve protection to citizens against incidents such as aging, illness, accidents, and unemployment. People of the middle and low income groups should enjoy concessions in the premiums of these insurances. On the other hand, healthcare insurance should to a certain extent be on a “users pay” basis in order to avoid the abuse of healthcare resources
- improve on the existing Comprehensive Social Security Assistance scheme and provide basic assistance to cover the costs of transportation and education, etc. to those living on the brink and below the poverty line; abolish the restriction on the duration of absence from Hong Kong in determining eligibility for old age pension; improve the welfare system and eradicate abuse by setting a limit to the period and encourage the pensioners to re-join the workforce
- improve social welfare services by providing, inter alia, diversified services for the elderly, assistance to needy families for elderly care education, training, employment security and rehabilitation schemes to the handicapped, extension of the handicapped welfare and protection to the mentally ill, and comprehensive childcare and family-support services to reduce the burden of families with single parents or workins mothers
- establish comprehensive medical and healthcare policies and enhance the system by providing healthcare insurance across the board: coordinate services of public and private hospitals with a view to achieving equal distribution and effective use of medical resources
- use land resources in a reasonable way, keep real estate prices at reasonable and affordable levels; formulate comprehensive housing policies, provide favorable terms to first-home buyers so as to achieve the objective of having more people own their own homes in the long run; improve the present policies on public housing in order to cater to the housing needs of the low income group
- increase employment, step up technological training and provide reemployment training for workers affected. by the economic transformation with a view to fully utilize the human resources; legislate on employer-employee relationship, provide workers with the right to strike, raise industry safety standards, implement the policy of equal pay for men and women, take strong measures against employment of illegal workers, protect the lives and raise the efficiency of the workers with a view to ultimately achieve the ideal of profits sharing among all; provide training to new immigrants for them to integrate into the society and encourage employment of the handicapped so that they will add to the strength of the existing human resources
- improve on the present education system with a view to providing quality education, adopt the policy of “education in the first language” and enhance training on foreign languages; strengthen moral and civil education, raise the professional standards of teachers and management levels at schools, improve the school environment, provide training to school-leavers in order to prepare them for joining the workforce; ensure that investments on human resources will yield reasonable returns and meet the needs brought by the social and economic developments in the future; and ensure that university education and research work reach the advanced and international levels in order to meet the needs of the developments of Hong Kong and China
- formulate long-term policies on environmental protection, regulate air and sound pollution, put forward comprehensive environmental regulations in coordination with the neighboring regions, enhance the methods of refuse and sewage treatment and disposal, encourage recycling, step up prosecution of illegal users of land, and improve urban services so that citizens may live in a better and cleaner environment
- enhance people’s quality of life by promoting cultural activities and that relating to the arts, sports and recreation and providing reasonable subsidies to organizations of such nature
VI. To Protect Human Rights
- Maintaining an independent judiciary, freedom of speech, and an open and free flow of information are the basic factors for the protection of freedom and human rights;
- An equilibrium must maintained between human rights and the mle of law;
- Everyone is equal before the law, and legal aid should be strengthened in order to ensure that all citizens could enjoy this basic nght and benefit; no one should suffer from an unfair treatment on the ground of his/her inability to afford legal representation.
- to effectively fight crimes by revising those parts of the Bill of Rights that contravene the Basic Law and stopping up the loopholes in the legislation that are brought about by the Bill of Rights
- maintain independence of the judiciary and the legal profession, enhance and consolidate the existing judicial system of Hong Kong and step up training of the personnel of the judiciary with a view to ensuring a just and impartial judiciary, which is the basis for the implementation of the rule of law in Hong Kong
- safeguard freedom of speech and freedom of press so that the Government could be effectively monitored by the mass media
- amend the Official Secret Act, ensure free flow of information and free speech so that citizens could have access to more government information; make legislation to curb unauthorized access to information of others
- strengthen legal aid and other free legal services, provide defendants in criminal cases the right of free legal representation in courts; when conditions allow, set up a legal aid bureau that is independent from government executive departments
- propose to the Central Government for China to become a signatory to the two international conventions on human rights; maintain Hong Kong’s present practice of regularly submitting reports to the Human Rights Committee of the United Nations
VII. To Develop a Democratic Political Structure
Democratic elections started to emerge in Hong Kong after the signing of the Joint Declaration. There have been two main streams of contention on the pace of introducing democracy in the territory: while some demand an immediate institution of democratic elections, others opt for a gradual implementation. It is unfortunate that after the Basic Law was enacted, the British Hong Kong Government introduced a series of election arrangements which are not in line with the provisions of the Basic Law. Given the situation, how should Hong Kong find its way forward? Will future elections be Tetrogressive? When will the Legislature be entirely formed by direct elections? How many members of the Legislature should be returned by direct elections? These are questions that call for some serious thinking.
In considering the pace of democratic development for the future, I will adhere strictly to the provisions of the Basic Law on the formation of the political structure:
- Maintain the executive-led situation, ensure coordination as well as checks and balances between the Legislature and the Executive Authorities, and adhere to the principle of judicial independence;
- Develop a democratic political structure in a gradual manner, formulate fair, open and practicable political policies, and ensure equal participation of people from the various sectors and classes;
- Maintain effective management of the Government and ensure that it is an open and accountable government monitored by the people.
The Government should adopt the following policies:
- on the basis of the Basic Law, strengthen the functions of the Executive Authorities which should be formed by representative people experienced in both administration and government operation
- appoint an official of the secretary’s rank to be responsible for communicating with members of the political parties in the Legislature, and strengthen cooperation between the Legislature and the Executive Authorities
- work closely with the Preparatory Committee to put forward a proposal for the election of the first legislature in accordance with the practical situations of Hong Kong, ensure that different kinds of public opinions could be reflected in the Legislature
- appoint members of the District Boards, Regional Council and Urban Council on a provisional basis so as to maintain continuity in the operation of those bodies; review the functions of the various consultative organizations and re-appoint all of their members
- give full play to the role of the Office of the Commissioner for Administrative Complaint to ensure public accountability of the Government in making policies and decisions
- ensure that policies of the Government will be in the interests of the public and are generally accepted through the Legislature’s right to pass bills and endorse government expenditure; in addition, through addressing inquiries to the Government by the Legislature, implementation of the policies could be monitored
VIII. Conclusion
Come 1997, a new chapter will be opened for Hong Kong. The work of honoring the promise of keeping Hong Kong’s way of life unchanged for 50 years should begin with the first SAR Government. It will be the challenge for the first SAR Government to prove to Hong Kong, to China, and to the world that Hong Kong people are capable of not just ruling Hong Kong properly, but even better!
The SAR Government must prove to all those attentive to the developments of Hong Kong that the concepts of “Hong Kong people ruling Hong Kong” and “One Country Two Systems” can turn out a great success!
The SAR Government undertakes to dispel the worries of the citizens so that they could not only continue to live in Hong Kong after 1997, but also lead a better life here. A new era is dawning: Hong Kong will become a place where its legal system is more healthy, society more stable, economy more robust, distribution of wealth and resources more equal, education system more satisfactory, environment more appealing, social welfare more comprehensive, and political structure more democratic!
Given the Basic Law as the basis for ruling Hong Kong, and a government which takes on as its responsibility to meet the expectations of the people, and with the concerted efforts of all the people, I have reasons to believe that the future of Hong Kong is bright, and there is no doubt in my mind that Hong Kong will progress steadily into the 21st Century.
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