OFFICIAL RECORD OF PROCEEDINGS
Tuesday, 1 July 1997
The Council met at fifteen minutes to Three o'clock

MEMBERS PRESENT:

THE PRESIDENT

THE HONOURABLE MRS RITA FAN, J.P.

THE HONOURABLE WONG SIU-YEE

THE HONOURABLE JAMES TIEN PEI-CHUN, J.P.

THE HONOURABLE DAVID CHU YU-LIN

THE HONOURABLE HO SAI-CHU, J.P.

THE HONOURABLE EDWARD HO SING-TIN, J.P.

DR THE HONOURABLE RAYMOND HO CHUNG-TAI, J.P.

THE HONOURABLE NG LEUNG-SING

PROF THE HONOURABLE NG CHING-FAI

THE HONOURABLE ERIC LI KA-CHEUNG, J.P.

DR THE HONOURABLE DAVID LI KWOK-PO, J.P.

THE HONOURABLE LEE KAI-MING

THE HONOURABLE ALLEN LEE, J.P.

THE HONOURABLE MRS ELSIE TU, G.B.M.

THE HONOURABLE MRS SELINA CHOW, J.P.

THE HONOURABLE MRS PEGGY LAM, J.P.

THE HONOURABLE HENRY WU

THE HONOURABLE NGAI SHIU-KIT, J.P.

THE HONOURABLE HENRY TANG YING-YEN, J.P.

THE HONOURABLE RONALD ARCULLI, J.P.

THE HONOURABLE YUEN MO

THE HONOURABLE MA FUNG-KWOK

THE HONOURABLE CHEUNG HON-CHUNG

DR THE HONOURABLE MRS TSO WONG MAN-YIN

THE HONOURABLE LEUNG CHUN-YING, J.P.

DR THE HONOURABLE LEONG CHE-HUNG, J.P.

THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FAN, J.P.

THE HONOURABLE MOK YING-FAN

THE HONOURABLE HUI YIN-FAT, J.P.

THE HONOURABLE CHAN CHOI-HI

THE HONOURABLE CHAN YUEN-HAN

THE HONOURABLE CHAN WING-CHAN

THE HONOURABLE CHAN KAM-LAM

THE HONOURABLE TSANG YOK-SING

THE HONOURABLE CHENG KAI-NAM

THE HONOURABLE FREDERICK FUNG KIN-KEE

THE HONOURABLE ANDREW WONG WANG-FAT, J.P.

DR THE HONOURABLE PHILIP WONG YU-HONG

THE HONOURABLE KENNEDY WONG YING-HO

THE HONOURABLE HOWARD YOUNG, J.P.

DR THE HONOURABLE CHARLES YEUNG CHUN-KAM

THE HONOURABLE YEUNG YIU-CHUNG

THE HONOURABLE IP KWOK-HIM

THE HONOURABLE CHIM PUI-CHUNG

THE HONOURABLE BRUCE LIU SING-LEE

THE HONOURABLE LAU KONG-WAH

THE HONOURABLE LAU WONG-FAT, J.P.

THE HONOURABLE MRS MIRIAM LAU KIN-YEE, J.P.

THE HONOURABLE AMBROSE LAU HON-CHUEN, J.P.

THE HONOURABLE CHOY KAN-PUI, J.P.

THE HONOURABLE PAUL CHENG MING-FUN, J.P.

THE HONOURABLE CHENG YIU-TONG

DR THE HONOURABLE TANG SIU-TONG, J.P.

THE HONOURABLE TIMOTHY FOK TSUN-TING

THE HONOURABLE KAN FOOK-YEE

THE HONOURABLE NGAN KAM-CHUEN

THE HONOURABLE LO SUK-CHING

DR THE HONOURABLE LAW CHEUNG-KWOK

THE HONOURABLE TAM YIU-CHUNG, J.P.

PUBLIC OFFICER ATTENDING:

THE HONOURABLE ELSIE LEUNG OI-SIE, J.P.

SECRETARY FOR JUSTICE

CLERK IN ATTENDANCE

MS PAULINE NG MAN-WAH

CLERK TO THE PROVISIONAL LEGISLATIVE COUNCIL

PRESIDENT (in Cantonese): Good morning, Honourable Members.

It is now 2.45 am on 1 July 1997, and Hong Kong has just entered into a new era. The Hong Kong Special Administrative Region of the People's Republic of China is now a reality, and the Basic Law is in effect. It is of great historic significance that the Provisional Legislative Council should hold our first meeting on this day of jubilation throughout China following the birth of the Special Administrative Region.

Over the last six months, the Provisional Legislative Council had overcome various hindrances, completed in a systematic manner the scrutiny of laws and passed motions which are necessary for immediate implementation on the establishment of the Special Administrative Region. Against a very tight schedule, Members have adopted a pragmatic and responsible attitude in completing the tasks of the Provisional Legislative Council before 30 June 1997 in a very efficient manner.

At this meeting today, the Hong Kong Reunification Bill will go through its three readings and we will reaffirm, in keeping with the provisions of the Basic Law, the 13 pieces of legislation which must be put into effect upon the establishment of the Hong Kong Special Administrative Region. Moreover, we shall endorse the transitional budget and the principal judicial appointments for which we have already indicated our support. So today's meeting marks the completion of the first phase and the beginning of the second phase of our work.

In the ensuing months, we will make every effort to enact the electoral law for the first Legislative Council of the Hong Kong Special Administrative Region, so that an election for the first Legislative Council can proceed as soon as possible. Nevertheless, before the formation of the first Legislative Council, we will still have to deal with the legislative and financial proposals introduced by the Government, debate the policy address of the Chief Executive, monitor the work of the Government, and receive complaints from the public. Under the principle of an executive-led government, we will work closely with the Government while maintaining the necessary checks and balance.

Earlier this morning, we were sworn in as Members of the Provisional Legislative Council. We have all pledged to uphold the Basic Law, bear allegiance to the Hong Kong Special Administrative Region, and serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity. As the legislature of the Special Administrative Region, the Provisional Legislative Council will be firmly rooted in Hong Kong, serve wholeheartedly and be accountable to the people of Hong Kong. It will be with great determination and an undoubting spirit and through practical endeavours that we will fulfil the mission given to us by history.

BILL

PRESIDENT (in Cantonese): Bill: First Reading.

HONG KONG REUNIFICATION BILL

CLERK (in Cantonese): Hong Kong Reunification Bill.

Bill read the First time and ordered to be set down for Second Reading pursuant to Rule 53(3) of the Rules of Procedure.

PRESIDENT (in Cantonese): Bill: Second Reading.

Second Reading of Bill

HONG KONG REUNIFICATION BILL

PRESIDENT (in Cantonese): Secretary for Justice.

SECRETARY FOR JUSTICE (in Cantonese): Madam President, I move that the Hong Kong Reunification Bill be read a Second time.

It is a great privilege for me to be introducing the first Bill into this Council after its formal inauguration earlier this morning. It is fitting that, on this historic day, the first Bill put before this Council should relate to the reunification of Hong Kong with the Motherland.

As a matter both of fact and law, the reunification has, of course, been successfully achieved. It is nevertheless desirable to introduce a number of legislative provisions to facilitate the smooth transition of the legal system, the administration of justice, and the public service. The Bill is divided into nine Parts.

Part I

Part I provides for the short title and interpretation of the Bill.

Part II: Bills passed by the Provisional Legislative Council confirmed

Part II of the Bill relates to the Bills already passed by this Council.

On 1 February 1997, the Preparatory Committee of the Hong Kong Special Administrative Region made a decision regarding the commencement of work by the Chief Executive and the Provisional Legislative Council, in which it authorized the Provisional Legislative Council to examine and pass laws prior to 1 July 1997. It also directed that, upon the establishment of the Hong Kong Special Administrative Region, the laws that had been passed shall be ratified; reported to the Chief Executive for his signature; and proclaimed for implementation, so as to complete the legislative procedure.

Part II of the Reunification Bill accordingly provides that the Bills listed in Schedule 1, as passed by this Council before 1 July 1997, are confirmed, and shall, after being signed and promulgated by the Chief Executive, have the full force and effect of law.

Part III

Part III of the Bill provides for the endorsement of the appointments of ─

- Mr Justice Andrew LI Kwok-nang as the Chief Justice of the Court of Final Appeal;

- Mr Justice Henry Denis Litton as a permanent judge of the Court of Final Appeal;

- Mr Justice Charles CHING as a permanent judge of the Court of Final Appeal;

- Mr Justice Syed Kemal Bokhary as a permanent judge of the Court of Final Appeal; and

- Mr Justice Patrick CHAN Siu-oi as the Chief Judge of the High Court of the Hong Kong Special Administrative Region.

Earlier this morning, the Judicial Officers Recommendation Commission recommended these appointments to the Chief Executive and he, acting in accordance with those recommendations, formally made the appointments. Article 90 of the Basic Law provides that, in the case of these appointments, the Chief Executive shall obtain the endorsement of the Legislative Council and report them to the Standing Committee of the National People's Congress for the record.

The Basic Law does not specify any particular procedure by which the endorsement of the Legislative Council is to be achieved. Although a resolution of this Council would therefore suffice, it is considered appropriate for these first appointments to be endorsed in this Bill.

The distinguished individuals who have been appointed to these key posts in the Judiciary command great respect, both within the legal profession and in the community. On 24 May this year, this Council gave its support to the appointment of Mr Justice Andrew LI Kwok-nang as the Chief Justice of the Court of Final Appeal. And, on 14 June this year, this Council gave its support to the other appointments I have mentioned. I therefore warmly commend the appointments to this Council for endorsement.

For members' information, I would add that immediately after the Chief Executive made the appointments this morning, they were reported to the Standing Committee of the National People's Congress for the record.

Part IV

Part IV of the Bill provides for the interpretation of laws previously in force.

On 23 February 1997, the Standing Committee of the National People's Congress published a decision on the treatment of laws previously in force in Hong Kong. The decision declares that a total of 24 Hong Kong Ordinances, in full or in part, should not be adopted as laws of the HKSAR. It also provides that the laws that are to be adopted as laws of the Hong Kong Special Administrative Region shall, unless the context otherwise requires, be construed in accordance with specified principles of interpretation.

The decision not to adopt certain laws is legally effective under Article 160 of the Basic Law and does not need to be provided for in local legislation. Administrative steps will be taken to ensure that the relevant provisions do not appear in the loose-leaf edition of the Laws of the Hong Kong Special Administrative Region.

The laws previously in force that have been adopted contain many provisions that need to be adapted to bring them into line with the Basic Law. The Administration proposes to introduce into this Council a series of bills that will make the necessary textual amendments. In the meantime, the principles of interpretation laid down by the Standing Committee of the National People's Congress are a helpful way to deal with the most significant items of terminology that need to be amended. Those principles provide, for example, that any reference to the Governor of Hong Kong shall be construed as a reference to the Chief Executive of the HKSAR.

The bill therefore proposes that those principles should be included in the Interpretation and General Clauses Ordinance.

In preparing the Bill, the Administration has taken into account the current state of the statute book and has drafted the relevant clauses accordingly. For example, there are no references in the laws previously in force to a semi-official agency which has a "royal" title. It is therefore unnecessary to provide for the interpretation of such a reference. This does not, however, affect the spirit or substance of the original principles.

Part IV of the Bill also provides that the laws previously in force in Hong Kong that have been adopted as the laws of the Hong Kong Special Administrative Region shall continue to apply. It specifically confirms the legislation enacted earlier this year in respect of the budget for the current financial year. That budget was agreed upon in the Sino-British Joint Liaison Group and, as it extends beyond 30 June 1997, it is desirable that this Council should confirm the legislation relating to it.

Part V

Part V of the Bill provides for the establishment of the courts of the HKSAR (except for the Court of Final Appeal), in accordance with Article 81 of the Basic Law. The Court of Final Appeal is today established under the terms of the Court of Final Appeal Ordinance and so does not need to be provided for in this Bill.

In order to ensure continuity in our judicial system, the Bill provides that the other courts, magistracies, statutory tribunals and statutory boards that are established will be subject to the laws previously applicable to them.

Part VI

Part VI of the Bill provides for the continuity of legal proceedings, the criminal justice system, the administration of justice and the course of public justice.

Article 81 of the Basic Law provides for the maintenance of the present judicial system, but there is no express provision for the transfer of legal proceedings from the present courts to the courts of the HKSAR. The transfer of outstanding appeals from the Privy Council to the Court of Final Appeal is expressly provided for in the Court of Final Appeal Ordinance. It is clearly desirable that there should be no doubt that current proceedings in local courts do not have to begin again after the transfer of sovereignty. In the absence of a clear provision to this effect, legal challenges to the validity of continued proceedings would inevitably occur, and would create unnecessary uncertainty. The Bill therefore provides for the continuance of legal proceedings commenced before 1 July.

Many other aspects of the administration of justice might be at risk of challenge after the transfer of sovereignty, because relevant court documents were issued in the name of the Crown or the Attorney General. Moreover, it will no longer be possible for proceedings to be brought by or against the Crown. These, and other, aspects of the administration of justice are dealt with in the Bill so as to prevent the system from being prejudiced by the transfer of sovereignty.

Part VII

Part VII of the Bill provides for the continuity of the public service and the powers and duties of public officers.

Article 100 of the Basic Law provides that ─

"Public servants serving in all Hong Kong government departments, including the police department, before the establishment of the Hong Kong Special Administrative Region, may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before."

However, the public offices that will exist on and after today will be legally different from those that existed before that date. This is not merely a question of the names of the offices, which can be changed by a statutory notice. There could therefore be some doubt as to whether the functions, rights and duties of an office are the same today as they were yesterday, and as to whether acts done by an office-holder before today will now be valid. Those doubts need to be removed.

The Bill therefore provides (subject to certain exceptions) that those who immediately before today held office in the public service shall continue to hold the corresponding office in the public service of the HKSAR. The powers previously vested in public officers are to vest in the corresponding public officers of the HKSAR. And all previous acts of public officers, including the delegation of powers, are to remain valid.

The Bill also makes it clear that existing contracts of employment of public officers shall remain in force; that they shall be regarded as contracts with the Government of the Hong Kong Special Administrative Region; and that they shall be subject to the terms of any executive order relating to the public service made by the Chief Executive.

Part VIII

Part VIII of the Bill deals with documents which contain colonial terminology. In order to ensure a smooth transition, these documents are not to be invalidated because of that terminology, but are to be treated as if they contained the appropriate new terminology.

Part IX

Part IX of the Bill relates to government property.

It declares that rights and liabilities that were, immediately before today, vested in the Crown or the Government of Hong Kong, have now been vested in the Government of the Hong Kong Special Administrative Region. It also provides for the continuity of contracts entered into by the Government, and authorities established by the Government.

Comments

In conclusion, Madam President, I would remind members that continuity is a central theme of both the Joint Declaration and the Basic Law. This Bill reflects that theme by putting into place practical arrangements to facilitate the continuity of our legal system, the administration of justice, and the public service. I commend the Bill to this Council.

PRESIDENT (in Cantonese): Council will now proceed to debate on Second Reading in accordance with Rule 65(3)(a) of the Rules of Procedure. I now propose the question to you and that is: That the Hong Kong Reunification Bill be read the Second time.

In accordance with Rule 65(3)(c) of the Rules of Procedure, a Member shall not speak in excess of three minutes. Does any Member wish to speak? Mr Ambrose LAU.

MR AMBROSE LAU (in Cantonese): Madam President, on the 21st of last month, the Chief Executive's Office presented to this Council a consultation paper on the reunification bill together with the draft Hong Kong Reunification Bill (reunification bill) to seek Members' views and comments. Today, the Bill is formally introduced to this Council for First, Second and Third Reading. A Subcommittee on the consultation paper was set up under the House Committee. Forty-two Members joined the Subcommittee and I was elected Chairman. It is, therefore, my responsibility to give a brief account to this Council.

The Subcommittee has held meetings with the Chief Executive's Office to discuss the consultation paper and the draft Reunification Bill annexed thereto. The Reunification Bill seeks to confirm the Bills passed by this Council prior to 1 July 1997 and to provide for various transitional matters such as endorsement of judge appointments, confirmation of laws enacted in connection with the 1997-98 Budget, as well as maintaining the continuity of existing laws, legal system and procedures. The subcommittee studied the draft Bill in detail and expressed views on several issues including the appropriateness of the Bill title. The Subcommittee also remarked that the terms and phrases used in the Bill should be consistent as far as possible with those used in the Basic Law and the relevant decisions made by the Standing Committee of the National People's Congress.

I am glad to see that a preamble explaining the historical background and constitutional basis of the Bill has been incorporated by the Chief Executive's Office. I am also very glad to see that the Bill has adopted the significant suggestions made by the Subcommittee, including the terms and phrases to be used in the proposed provisions.

From a historical point of view, the Reunification Bill is more important than any other laws of Hong Kong as China resumes the exercise of sovereignty over Hong Kong. The passing of the Bill signifies the end of the colonial era and the beginning of a new era in Hong Kong where the concept of "one country, two systems" will be realized in accordance with the law.

The Reunification Bill provides for the smooth transitional arrangements for the lawful transfer of the executive, legislative and judicial powers in Hong Kong. It serves to ensure that our society will not be affected in any way by the transfer of sovereignty as well as to safeguard effectively the interests that both the people of Hong Kong and investors from all over the world have in this city.

The meeting today is of very important historical meaning as this is the first Provisional Legislative Council meeting held after the establishment of the Hong Kong Special Administrative Region (HKSAR). I would like to express our unanimous support to the Hong Kong Reunification Bill on behalf of the members of the Hong Kong Progressive Alliance in this Council. I would also like to urge fellow colleagues of this Council to lend their support to the Bill to help lay down a sound legal foundation for the HKSAR, so that the concepts of "one country, two systems" and "Hong Kong people ruling Hong Kong" can be realized in full while stability and prosperity guaranteed for Hong Kong.

Madam President, I so submit.

PRESIDENT (in Cantonese): Mr Allen LEE.

MR ALLEN LEE (in Cantonese): I speak on behalf of the Liberal Party to support the Hong Kong Reunification Bill because this Bill is of paramount importance to Hong Kong. Today is a very important day for both China and Hong Kong ─ this is the day on which the 150-odd years of colonial rule over Hong Kong comes to an end. On this special day, Hong Kong is reunited with her motherland, thereby resolving a problem left over from the past. In view of the practical situation that socialist system and policies are practised in China while the capitalistic system of free market economy is practised in Hong Kong, Mr DENG Xiaoping innovated the great concept of "one country, two systems" for Hong Kong after the reunification with China.

Madam President, Chinese people are making history, so are the people of Hong Kong, for the policy of "one country, two systems" is without precedent in history. Honourable colleagues of this Council are not just witnesses to history, but are also monitors overseeing the implementation of this policy. We shall be accountable to the people of Hong Kong. I will always bear in mind that I have to serve the people of Hong Kong with impartiality and fairness.

The establishment of the SAR today signifies a new start. We will be confronted with new challenges. The people of Hong Kong will monitor our work and compare our performance with the former Legislative Council.

The principles of "Hong Kong people ruling Hong Kong" and "a high degree of autonomy" turns over a new leaf for us. Under the leadership of our Chief Executive, Mr TUNG Chee-hwa, Hong Kong will enter a new era. As for us, we are responsible for monitoring the work of the SAR Government and question the SAR Government on its policies. We must be able to stand upright in front of the people of Hong Kong.

On behalf of the members of the Liberal Party, I hereby promise the people of Hong Kong that we will put in our best effort to uphold the principles of "Hong Kong people ruling Hong Kong" and "a high degree of autonomy", to safeguard the rule of law, and to work in the interests of Hong Kong. We will actively participate in affairs of the SAR Government and meet new challenges.

With these remarks, Madam President, I support the question.

PRESIDENT (in Cantonese): Mr HUI Yin-fat.

MR HUI YIN-FAT (in Cantonese): Madam President, starting from today, the work of the Provisional Legislative Council will proceed to a new stage. The tasks entrusted to it are arduous and the road ahead is long.

The so-called arduous tasks mean that we will be faced with many livelihood problems that need to be resolved immediately. In fact, apart from those points of concern like the Comprehensive Social Security Assistance Scheme (CSSA), problems of the elderly and property prices, we should neither forget nor overlook other livelihood issues which are equally important, such as

- the problem of growing polarization between the rich and the poor in society;

- the problem of new immigrants and the overall planning for population growth;

- the family problem caused by urbanization and new immigrants; and

- the long-term soloution to the employment problems confronting the grassroot strata under the economic transformation and so on.

All the above issues will have a negative impact on social stability and merit our examination and necessary actions.

The so-called "long road" means that we have to scrutinize and prepare many indispensable legislations for the SAR as quickly as possible. The legislative commitment ranging from enactment of the legislation on the right of abode for children born in the Mainland to Hong Kong residents to detailed scrutiny of the mandatory provident fund will all impose far-reaching consequences on both the long-term development of society and the livelihood of the people of Hong Kong.

I am looking forward to working in full co-operation with Honourable colleagues to fulfill the mission of the Provisional Legislative Council just like what we did over the past six months.

Madam President, these are my remarks.

PRESIDENT (in Cantonese): Mr LAU Wong-fat.

MR LAU WONG-FAT (in Cantonese): Madam President, today is the day on which the Hong Kong Special Administrative Region is established. I am greatly honoured to have the opportunity to be a Member in the SAR's legislature to scrutinize the first Bill, especially it being the Hong Kong Reunification Bill (Reunification Bill). From today onwards, we, as Chinese citizens living in Hong Kong, shall start implementing the principles of "Hong Kong people ruling Hong Kong" and " a high degree of autonomy". We will become our own masters. Our fate and future will be in our own hands and a new era is awaiting us. For the people living in the New Territories, this new era is especially of profound meaning. About a hundred years ago, many villagers in the New Territories had paid a high price and sacrificed many lives in defending their homes and fighting against the colonial rule. Today, we celebrate with joy the reunification of Hong Kong with China, and the celebration indeed means a great deal to them.

The Reunification Bill must be endorsed for the transfer and stable transition of government, so that a smooth transition for every arrangement could be ensured by the legislation of the SAR. Since the legislature does not have a through-train arrangement, it is necessary to set up a Provisional Legislative Council before the change of sovereignty to pass the indispensable laws.

To confirm the laws passed before the establishment of the SAR by way of the Reunification Bill will ensure greater security than by way of a resolution since it can avoid unnecessary legal challenges. The most important function of the Reunification Bill is to ensure the lawful transfer of the executive, judicial and legislative powers, thereby enabling the people of Hong Kong and overseas investors to continue to enjoy and safeguard their lawful interests in Hong Kong. In addition, the rights and obligations of the Hong Kong Government can be transferred to the SAR Government and the operation of the Judiciary will not be affected by the transfer of government.

I believe that after the ratification of the Reunification Bill, the spirit of the rule of law will continue to be upheld, and the economic prosperity and social stability of Hong Kong can be further protected. With these remarks, Madam President, I support the motion.

PRESIDENT (in Cantonese): Mr CHIM Pui-chung.

MR CHIM PUI-CHUNG (in Cantonese): Madam President, I speak in support of the Hong Kong Reunification Bill. The Provisional Legislative Council was created by election through the 399 members out of the 400-member Selection Committee on 21 December 1996 and started doing the preparatory work right away. In the past few months, we have passed 13 bills and they will all be confirmed formally by this Council today. We will also endorse the appointment of the judges of the Court of Final Appeal and the Chief Judge of the High Court and other relevant laws. After the endorsement, these laws will be secured in legal status and be further improved under the spirit of "one country, two systems". Members of the public can feel more at ease and the credibility of the Provisional Legislative Council can also be enhanced.

Madam President, morning has broken, Hong Kong has now returned to the embrace of the motherland. As a Member of the Provisional Legislative Council, I will certainly try my best to work for the people of Hong Kong, the Chinese Government, the Hong Kong Special Administrative Region Government and the Chinese people. We strongly believe that under the reign of our motherland, together with the public's confidence and the leadership of the Chief Executive, the Provisional Legislative Council will surely give better performance and achieve higher credibility. As a result, more support and constructive comments will be forth coming from the media in the future.

It is my hope that Honourable colleagues of this Council will work in full co-operation. Madam President, these are my remarks.

PRESIDENT (in Cantonese): Dr Raymond HO.

DR RAYMOND HO (in Cantonese): Madam President, the solemn and grand reunification ceremony not only attracts worldwide attention but also brings us a joyous atmosphere. Hong Kong is back in the embrace of her motherland at last, and we are all very much excited by this historical moment. However, we also understand that in the new era, there are many urgent tasks for us to complete in order to implement the principles and policies of "one country, two systems", "Hong Kong people ruling Hong Kong" and "a high degree of autonomy". Under the major principle of "one country, two systems", the way of life of Hong Kong shall remain unchanged for 50 years and serves as an important framework for our future economic and social development.

With regard to our economic development, the reunification of Hong Kong with China will bring along new opportunities. The co-operation between the Mainland and Hong Kong will no longer be restricted to business partnership, and more consideration will be given to mutual benefits as a whole.

Regarding the development of science and technology, with the past emphasis and achievements made in the Mainland, and the support in terms of capital and market information from Hong Kong, we can both be complementary to each other. As a result, greater success can be achieved in our scientific development and the development of high technology products will be quickened, thereby paving a new way for the industrial sector in Hong Kong.

Viewing from another perspective, if the ample supply of natural and manpower resources in the Mainland can tie in with the unique advantages enjoyed by the industrial sector in Hong Kong, the industrial development in the Mainland will certainly advance into a new stage.

As a part of China, Hong Kong can bring all its potentials into full play in the future. By uniting the advantages of the two places in respect of science and technology, resources, talents, information, management, financing and market advantages a strong economic power will certainly emerge. By then, our country can effectively strengthen its co-operation with the regional trade with organizations which it has maintained a friendly relationship. We can strive for a better position in the world economic stage and play an even more active role.

The success of the above developments hinges in fact upon a smooth transfer of government. The Hong Kong Reunification Bill has paved a clear way for such transfer, including the lawful transfer of the executive, judicial and legislative powers, and ensured a smooth process of reunification so as to enable the SAR to write down another brilliant page of history under the sovereignty of China.

With these remarks, Madam President, I support the Hong Kong Reunification Bill.

PRESIDENT (in Cantonese): Mr TSANG Yok-sing.

MR TSANG YOK-SING (in Cantonese): Madam President, some three hours ago, Members of this Council attended the ceremony of the transfer of sovereignty over Hong Kong to the motherland and witnessed the historical moment which has attracted worldwide attention. Afterwards, Honourable colleagues took an oath of office in the solemn ceremony of the establishment of the SAR. Following that ceremony, the first meeting of this Council after the establishment of the SAR is convened here.

The purpose of the Hong Kong Reunification Bill (Reunification Bill) is to confirm the bills passed before 1 July and to resolve timely the problem of adaptation of the existing laws of Hong Kong so as to enable the Government and courts to continue to function and operate. All these important procedures have to be completed in time to make sure that the operation of the SAR can have a smooth start.

Owing to the above reason, although many colleagues already attended various activities for a whole day yesterday without taking any break, and when the dawn comes a few hours later, they have to participate in different events to celebrate the establishment of the SAR, we still have to hold a meeting here after midnight.

In order to ensure that the Reunification Bill can be passed smoothly on time, the enormous amount of work that this Council had completed before 30 June is of great importance. This fully reflects that this Council must be established, and it is necessary for its operation to start before 30 June.

Just like in the past, the task performed by this Council today is to ensure the establishment of the SAR and its operation. The Democratic Alliance for Betterment of Hong Kong (DAB) hopes and believes that in future, this Council will entirely work for the interests of the Hong Kong community until the first Legislative Council of the SAR is elected.

Madam President, real democratic politics will only come after the end of the colonial rule. The establishment of the SAR is the beginning of "Hong Kong people ruling Hong Kong". The DAB is formed to participate in the democratic development of Hong Kong. "Building the SAR, creating wealth and prosperity, and providing the public with affordable homes" are the objectives which we will uphold when participating in the different tiers of government. The purpose of the Members of the DAB in participating in the Provisional Legislative Council is to achieve these aims as well as to put in place a healthy system for the SAR, so that more wealth can be created for society while the people in the SAR can lead a comfortable and stable life.

The DAB will try its best to achieve the above objectives when participating in the work of this Council. We will also take an active part in the Legislative Council Election next year and the elections of different tiers of government in the future to continue to strive for our objectives in the consultative councils of the SAR.

On behalf of the DAB, Madam President, I support the motion.

PRESIDENT (in Cantonese): Mrs Peggy LAM.

MRS PEGGY LAM (in Cantonese): Madam President, I speak in support of the Hong Kong Reunification Bill that we are now considering. I strongly believe that the arrangements proposed in this Bill are to provide for a smooth transition for Hong Kong and to ensure a lawful transfer of the executive, legislative and judicial powers so that the people of Hong Kong can enjoy comfortable and stable lives and the maintenance of the legitimate interests of overseas investors. This Bill is fully consistent with the interests of the six million people in the SAR and the interests of the State as a whole. It is also a comprehensive legal preparation and an appropriate arrangement for the stable transition of Hong Kong and is therefore of very important effect to society.

The SAR has just been established, and in view of the interests of Hong Kong people, the Provisional Legislative Council has chosen this moment to hold its meeting. It is because the Reunification Bill is very important to the good beginning of the SAR as it lays down a solid foundation for us.

At this historical moment and in the face of such a new era of the Chinese people, I think that the people of Hong Kong, especially women, should try even harder to give full play to their professional knowledge to create a better and ideal future for the development of the SAR and our country, so that we can all share the fruit of prosperity and stability.

The reunification of Hong Kong with China signifies a new era. As a member of society, we all have an unevadable role of great importance. In face of our future, I hope that the different sectors of society will make continuous effort to enhance our social development as well as take an active role in the various aspects of our social affairs and unite every single power to serve the SAR and our country.

With these remarks, Madam President, I support the Reunification Bill.

PRESIDENT (in Cantonese): Mr Paul CHENG.

MR PAUL CHENG: Madam President, I rise in support of the Hong Kong Reunification Bill. As Hong Kong moves onto another stage of her remarkable development, it is important that a balanced legal framework be established. Under the "one country two systems" concept, our system incorporating economic, social and political freedoms is guaranteed under the Basic Law.

Despite reassurances from Chinese leaders and Mr TUNG Chee-hwa, media around the world continue to cast doubts over our future─focusing on democratic development, civil liberties and human rights ─ all wonderful labels and sound bytes. The fact of the matter is that we do have a schedule in the Basic Law on constitutional development. Starting with the spring of 1998 we will be electing our first legislature and in about 10 years' time we may well have a legislature which is elected by universal suffrage. Individual rights and freedom, just as we have them today, will be respected so long as differences of opinion are expressed through orderly and peaceful means. Those who prefer to take to the streets should always remember that the rest of the community has rights as well. No one organization nor one single individual should abuse their power and influence.

I would, therefore, like to take this opportunity to urge all our friends from around the world to rise above the sound bytes and headlines, to continue to support us and to have faith in our ability to propel Hong Kong to new heights as we build our society within the context of Chinese values for the benefit of generations to come.

PRESIDENT (in Cantonese): Mr Frederick FUNG.

Mr Frederick FUNG (in Cantonese): Madam President, today is the day on which Hong Kong reunifies with China. This turns over an important page in the contemporary history of China and is an important step towards the unification of China.

The Hong Kong Association for Democracy and People's Livelihood (HKADPL) supports the reunification of Hong Kong with China, the continous development under the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of autonomy", as well as the active role that Hong Kong plays in assisting the development of the motherland and the four modernizations of China. Hong Kong should become a model city. It is there to demonstrate firstly, that "one country, two systems" is practicable, and secondly, that it is a highly efficient city with a well-developed economy and a politically democratic system.

The HKADPL is cautious optimistic about "one country, two systems" and "Hong Kong people ruling Hong Kong". The HKADPL is optimistic for two reasons: firstly, in economic terms, Hong Kong and the Mainland can support each other in their economic structures and financial investment and resources. Some of these have become interwoven and inter-dependent so that both places want to have a win-win development. Secondly, in political terms, China surely wants to see the successful development of "one country, two systems" because Hong Kong will then set an example for Taiwan. By letting Hong Kong people rule Hong Kong with a high degree of economy, China can show the international community that it is politically mature.

The HKADPL is optimistic yet cautious because of two reasons: firstly, China has grown to be extremely sensitive due to threats from western countries such as Britain and the United States. China is worried that foreign powers will use Hong Kong as an anti-communist base. As a result, it will restrict the progress of developments in democracy, human rights and the rule of law in Hong Kong. Secondly, Hong Kong and the Mainland are very different culturally, making it easy for misunderstanding or conflicts to occur and jeopardizing the implementation of "one country, two systems". To achieve a smooth transition, and the successful implementation of the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of autonomy", the HKADPL thinks the following five points are vital:

(1) The Chinese Government must trust the people of Hong Kong in the sense that the people of Hong Kong will strive to accomplish the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong" after the reunification;

(2) The Chinese Government must do everything possible to ensure that Hong Kong is ruled by the people of Hong Kong and let Hong Kong have a high degree of autonomy. The Chinese Government must prevent Chinese officials from interfering with Hong Kong affairs and prevent mainland malpractices such as bureaucratic racketeering and corruption from creeping into Hong Kong;

(3) The people of Hong Kong must have faith in China, in its determination and its need to maintain the status quo of Hong Kong for the good of both Hong Kong and China;

(4) The people of Hong Kong should unite together, work hard to rule the territory and to do well to accomplish "one country, two systems";

(5) The Mainland and Hong Kong should accommodate each other, seek common ground while reserving differences, and admit the cultural differences of the two places. If people from both places can be tolerant, open-minded and frank towards each other, a smooth transition can be achieved. As the Chief Executive of the SAR said today, it is entirely within our prerogative to make the "one country, two systems" concept work.

As regards the Hong Kong Reunification Bill to be passed today, the HKADPL supports eight of the Bills but opposes five of the Bills in groups two, four and five, including bills relating to the Public Order Ordinance, the Societies Ordinance, the Provisional Urban Council Ordinance, the Provisional Regional Council Ordinance and the Provisional District Boards Ordinance.

I have made these remarks on behalf of the HKADPL, the Honourable Bruce LIU, Dr the Honourable LAW Cheung-kwok and the Honourable MOK Ying-fan.

PRESIDENT (in Cantonese): Mr Timothy FOK.

MR TIMOTHY FOK (in Cantonese): Madam President, I rise to speak on behalf of several independent Members to support the Hong Kong Reunification Bill.

Under the witness of many local and overseas honourable guests, the Government of the Hong Kong Special Administrative Region was established today and the Provisional Legislative Council has also started to operate formally in Hong Kong. I am honoured to be able to speak at this historical moment for several independent Members at this meeting.

For some time in the past, independent Members like us held onto a belief that we could serve the people of Hong Kong during this particular time in history. Unfortunately, since its establishment, the Provisional Legislative Council has been a target of attack for political struggle domestically and overseas. The Provisional Legislative Council has been challenged since it started working. Consequently, we were forced to keep a low profile. However, we have been firm in our belief. It is our conviction that the success of Hong Kong owes not to some political manoeuvres but to a market environment with high efficiency and a strong competitive edge, economic vitality, a stable community, the rule of law and the status of being a cosmopolitan city.

As Hong Kong enters a new era, we do hope to be able to secure acceptance and support from the international community. More importantly, we must unite and work hard for our future.

With these remarks, I support the motion.

PRESIDENT (in Cantonese): Mr WONG Siu-yee.

MR WONG SIU-YEE (in Cantonese): Madam President, the Hong Kong Special Administrative Region of the People's Republic of China has been formally established. The Provisional Legislative Counicl is now holding its first meeting since the establishment of the SAR to scrutinize the Hong Kong Reunification Bill. The great idea of "one country, two systems" has become a reality in human history.

At this juncture, we not only bid farewell once and for all to colonial rule but also free ourselves completely from all "worries" imposed on us by men over the past 13 years.

During this long transitional period, several politicians in Hong Kong and from abroad have conjured up all kinds of "worries" for Hong Kong. These "worries" range from "it would be disastrous if Hong Kong reunifies with China" to "Hong Kong will not flourish after British rule"; from "the 1997 Doomsday" to "there will not be any democracy, human rights or freedom in Hong Kong after 1997" and so on. The so-called worries are in fact not what most of the people of Hong Kong have in their mind. Nor are they facts. They are false impressions created by the people mentioned above.

The 13-year transition period has ended and the so-called "worries" have been proved to be non-existent. We do not see any "disaster" after China has proclaimed to resumed the exercise of sovereignty over Hong Kong and to practise the principle of "one country, two systems". On the contrary, the status of Hong Kong as a centre for monetary affairs, trade and civil aviation in the Asian-Pacific Region has been reinforced during the last ten years or so due to the "Chinese factor" and the "reunification factor". Now that the Pearl of the Orient has been returned to China, it is far from dimming. On the contrary, it shines even brighter due to better prospects. The so-called "1997 Doomsday" mentality and the view that "there will not be any democracy, human rights or freedom in Hong Kong after 1997" have been proved to be totally groundless. "1997" is a "doomsday" for colonial rule but it signifies a fresh start for the new era of Hong Kong people ruling Hong Kong. We firmly believe that the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong" will be implemented. Democracy, freedom and human rights will be guaranteed as the community steadily develops. As we pass the Hong Kong Reunification Bill to welcome the new era, we say goodbye to all "worries".

Madam President, we firmly believe the interests of Hong Kong and those of China go hand in hand. The Chinese Government will not interfere in the internal affairs of Hong Kong. But I must advise foreign countries (in particular the United Kingdom and the United States) not to interfere on any pretext in the affairs of Hong Kong, especially its political development. The Hong Kong Progressive Alliance has full confidence in Hong Kong being ruled by its own people. Hong Kong will only be better when ruled by the people of Hong Kong. History will show that Hong Kong has a bright future. The people of Hong Kong will work together to build a better home for everyone of us.

With these remarks, Madam President, I support the motion.

PRESIDENT (in Cantonese): Mr CHAN Choi-hi.

MR CHAN CHOY-HI (in Cantonese): Madam President, today we are here to witness history, to witness the reunification of Hong Kong with China, to witness Hong Kong becoming a Special Administrative Region of the People's Republic of China, as well as to witness the end of an era and the beginning of a new one.

Reunification marks not only the transfer of government but also the return of people's hearts to China, with the latter being part and parcel of a real reunification of paramount importance. Some people worry that democracy and freedom will be monitored, some worry that corruption will escalate and some worry that the bubble economy will vanish after one or two years. When faced with the reunification, the feelings of the people of Hong Kong are very much mixed. Some may feel joyous, some helpless; some may feel lost while some start to observe carefully. No matter how they feel, or what they do, the people of Hong Kong will certainly have some expectations for the Government of the Hong Kong Special Administrative Region. We will only be firmer and justifiably bolder in our demands.

Policies of the SAR Government must change for the better and its efforts to improve people's livelihood cannot diminish. The quality of life of the people of Hong Kong cannot change for the worse. It would be a great irony if life in the SAR is worse than that under colonial rule. If that happened, the prestige of the SAR could not be established.

The only way to untie the knots wrangling the hearts of the people of Hong Kong is to boost their confidence. The Central Government must have faith in the people of Hong Kong and must act in response to their needs. We must work towards strengthening the implementation of the principles of "Hong Kong people ruling Hong Kong" and "one country, two systems". We need to display a spirit of being the master of our own affairs and to do well in the administration and construction of Hong Kong, thereby turning it into a place of Chinese pride and an example to be followed in the cause of China's reunification.

These are my remarks.

PRESIDENT (in Cantonese): Mr Ronald ARCULLI.

MR RONALD ARCULLI (in Cantonese): Madam President, today is indeed a very special day. We may not be aware that in addition to being the day of reunification, today is also a rare occasion on which so many senior officers and their spouses are present to listen to our debate. My own spouse is here too. In this connection, I do not want to be too "long-winded".

Madam President, today we have spoken a lot on the issue of the through train. Everybody said there was no through train and that through train in fact referred only to the Legislative Council. However, we do have a through train under the Reunification Bill to be passed shortly because all laws previously in force will be carried forward; and so will the civil service system and the judicial system. The Reunification Bill to be passed today has special significance.

Over the last few years, although there have been many different opinions and disputes, the people of Hong Kong have managed to fend them off or contain them. Madam President, about the Reunification Bill, I want to speak briefly on two points. Firstly, I could recall I have spoken to the Secretary for Justice at a subgroup meeting about the phrase "conformity with the Basic Law" when the White Bill was ready. Since I could remeber then that Article 8 or 160 of the Basic Law uses the words "contravene" or "contravention", I told the Secretary for Justice I would like to see some amendments in this respect. Today, I am glad that the Secretary has accepted my proposal. So, I for one am particularly happy about the Reunification Bill and feel at ease with it.

The second point is about the public service. At that time, a provision in the White Bill worried me a bit because I thought misunderstanding might arise and cause people to believe that the contracts of employment or the employment terms of civil servants could be changed by an executive order. In fact, that was my misunderstanding. With some amendments, the relevant wording now leaves no place for any misunderstanding of the sort I mentioned.

Madam President, I hope you can allow me to speak in English. Now, let us switch to Pearl channel.

PRESIDENT (in Cantonese): Mr ARCULLI, I must remind you that you have only five seconds left. (Laughter)

MR RONALD ARCULLI: Madam President, it is with pride and a sense of achievement that the Liberal Party will support the Hong Kong Reunification Bill. Thank you. (Laughter)

PRESIDENT (in Cantonese): Mrs Elsie TU.

MRS ELSIE TU: Madam President, for patriotic Chinese everywhere, this day of reunification is one of rejoicing. And for British people of conscience, there is joy in handing back to China what is rightfully hers.

To the great credit of the Chinese nation, this reunification has been accomplished through peaceful negotiation. China's farsighted statesmanship has ensured that the cultural, social and political influences of one and a half centuries will continue to be reflected in Hong Kong in the "one country, two systems" concept. Never in world history have the complex problems of transfer been achieved in such a civilized and peaceful manner. One can only regret that the great statesman who conceived this unique transfer of power cannot be in Hong Kong today to witness the fulfilment of his dream.

That which was taken from China has now been restored to the rightful owner. Consequently, our two nations, China and Britain, can be friends as never before, seeking a future of mutual understanding, each ruling her own territory as equals, and exchanging the best of their cultures, learning from each other to the economic and social benefit of both.

From this day, Hong Kong will not only be united with the Motherland, but will build a more fabulous bridge than the Tsing Ma Bridge, reaching from China to every country in the world, and contributing to the economies, the culture and the friendship of all nations.

This piece of precious jade, Hong Kong, has been returned to the sovereign, and we all rejoice. May I congratulate all Chinese people everywhere and wish this united China a future of stability and prosperity.

Madam President, I fully support the Hong Kong Reunification Bill.

PRESIDENT (in Cantonese): Mr LAU Kong-wah.

MR LAU KONG-WAH (in Cantonese): Madam President, although the history of Hong Kong began with artillery fire, the establishment of the SAR is celebrated with fireworks. The people of Hong Kong move not only across 1997 but also into the next century.

In human history, the 20th century was full of chaos, dispute, confrontation and cruelty. Starting from the 21st century, the world needs to advance through dialogue, communication, and mutual respect and acceptance. From the phenomena observed during the transition period in Hong Kong and the reunification ceremony in the international community, we can clearly see the difference between going with the tide and going against it.

The concept of "one country, two systems" is in itself a way of thinking in terms of the search for common ground while reserving differences, in terms of mutual respect and mutual benefit. The formulation of the Sino-British Joint Declaration and the Basic Law fully reflects this kind of thinking. The realization of the concept of "one country, two systems" is in fact a search for a spirit of continuity, mutual acceptance and co-existence. The setting up of the SAR Government of the and the enactment of the Hong Kong Reunification Bill fully reflects the spirit.

Madam President, to maintain the vitality and competitive edge of Hong Kong, we must observe clearly how the world develops. When the West promotes the idea of "freedom and democracy", the East miraculously "develop their economies" at high speed. Hong Kong is well-placed at a position in which the East meets the West, the SAR Government should make full use of this advantage and take both "freedom and democracy" with "economic development" to reach new heights.

Hong Kong is the product of the clash between the Western and the Eastern civilizations. We, however, expect the SAR to be the best of both civilizations. To achieve a healthy political development in Hong Kong, we must safeguard democracy, freedom, human rights and the rule of law. At the same time, we must be pluralistic, tolerant, rational and practical. If we can do so, Hong Kong will become not only an international commercial city but also a metropolis in modern civilization. The implementation of "one country, two systems" will then be meaningful and full of life.

I so submit.

PRESIDENT (in Cantonese): Mr IP Kwok-him.

MR IP KWOK-HIM (in Cantonese): Madam President, this is the first formal meeting that the Provisional Legislative Council holds after the reunification and is highly significant. The three Readings and passage of the Hong Kong Reunification Bill is the most important task of the meeting today.

The Chief Executive's Office publicized the Reunification Bill last month to accomplish through legislation by the SAR the transition of laws necessitated by the transfer of government. Provisions in the Reunification Bill save the operation of the judicial system from being adversely affected by the transfer of government. At the same time, the 13 ordinances relating to the SAR which have passed the Third Reading by the Provisional Legislative Council before 1 July are confirmed by way of the enactment the Reunification Bill. Thus, the entire legislative process is completed. The Bill also makes arrangements for the hand-over of the public service and the powers of the previous government so that the powers and obligations are transferred to the SAR Government established today.

The Democratic Alliance for Betterment of Hong Kong thinks that the Reunification Bill has assured the international community and investors that there will not be any chaos in Hong Kong due to a legal "vacuum". There is no change in operations in Hong Kong, in its legal system, and in its investment environment. The interests of investors will be duly protected.

If passed by the Provisional Legislative Council today, the Reunification Bill will ensure that the executive, juducial and legislative powers are lawfully transferred. This is conducive in making the people of Hong Kong live and work in peace and contentment, which is in the interests of the six million residents and others in the territory.

This meeting is a unique one. The Bill is a unique one. Together they turn a new page in the history of Hong Kong.

Madam President, 50 years from today, people may have forgotten the Provisional Legislative Council ever existed. They may have forgotten us Provisional Legislative Council Members. However, it is my conviction that the Hong Kong Reunification Ordinance will always be remembered as a record in history for its unique value and meaning. It will be read with admiration. The future of Hong Kong must be better.

With these remarks, Madam President, I support the Bill.

PRESIDENT (in Cantonese): Mr CHENG Yiu-tong.

MR CHENG YIU-TONG (in Cantonese): Madam President, the purpose of the Hong Kong Reunification Bill under scrutiny and passage today is not only to avoid a possible legal vacuum as a result of a change of government in Hong Kong, but also to mark the end of over 150 years of British rule, as well as to signify the beginning of a promising new-born SAR and the commencement of a new era for Hong Kong. Hong Kong is an issue left over from history. The isuue has been resolved by the idea proposed by Mr DENG Xiaoping: the principles of "one country, two systems" and "Hong Kong people ruling Hong Kong with a high degree of democracy". The idea puts history and the reality in the right perspective. However, how are we going to realize the idea, given the facts before us? How do we go about learning to administer Hong Kong? The implementation of the concept of "one country, two systems" enables the people of Hong Kong to continue with the present social system after reunification with the motherland. Everything is dealt with by the people of Hong Kong without interference from the Central Government, with the exception of national defence and foreign affairs. On the other hand, the Central Government also stresses time and again that provincial governments shall not interfere in the affairs of Hong Kong. As such, to come to grips with the implementation of this principle, we should be bold enough to assume the responsibility vested in us by history. I am totally against the rather indiscriminate introduction of foreign powers by some people to help them bring pressure to bear on the country or the SAR. This is far from being desirable.

Moreover, the premise in problem-solving is that ways familiar to the people of Hong Kong should be employed. This is what we call "Hong Kong people ruling Hong Kong, and Hong Kong affairs being handled by Hong Kong". We cannot request the Central Government to solve problems large and small for us. This is a mentality we must get rid of completely. We must eliminate contradictions and differences among the people of Hong Kong through Hong Kong mechanisms. Wherever possible, we must seek acceptance from the people of Hong Kong and consensus from the public. This is the only way, and also the best way, to realize the concept of "Hong Kong people ruling Hong Kong".

With these remarks, Madam President, I support the motion.

PRESIDENT (in Cantonese): Does any other Member wish to speak? Prof NG Ching-fai.

PROF NG CHING-FAI (in Cantonese): Madam President, we have just witnessed history and experienced personally a solemn moment in which a chapter of the modern history of China formally ended. Henceforth, Hong Kong enters a new era of "one country, two systems" with "Hong Kong people ruling Hong Kong". In this hall, we have the honour of playing a part in the making of history. The Hong Kong Reunification Bill to be passed by us tonight has special meaning － it is an indispensable bill to end colonial rule and to start the formal operation of the SAR Government composed of the people of Hong Kong. The passing of the Bill marks the end of an era and the beginning of a new one. An important part of the Reunification Bill is clause 13, which has been discussed in detail by this Council. Other parts represent the necessary arrangements for the continued effect of existing laws.

Madam President, at this touching moment, as some colleagues have put it, there are different opinions in the community. We should thank those people who hold demonstrations. By their very act, they have shown there is freedom of demonstration in the SAR and they have falsified what they have often pessimistically prophesied. In fact, from their acts, one can see that the freedoms guaranteed by the Basic Law have materialized. Honourable Members of this Council, as we promised in taking the oath, will uphold the Basic Law, something which I am sure Honourable Members of future Legislative Councils will do. At this moment, let us call on our friends, our friends who have often held pessimistic views about the future of the SAR, to put away their prejudices as quickly as they can and share with us the joy of celebrating the reunification of Hong Kong with its motherland and the joy of being a part of China.

With these remarks, Madam President, I support the Reunification Bill. I also hope Honourable colleagues in this Council will support the Bill for the special meaning it carries. Thank you.

PRESIDENT (in Cantonese): Mr KAN Fook-yee.

MR KAN FOOK-YEE (in Cantonese): Thank you, Madam President. I speak in support of the Hong Kong Reunification Bill.

What the Honourable Ronald ARCULLI said just now was very right. The Reunification Bill does offer us many through trains. However, I am not going to repeat that here lest other might accuse me of "flattering" the Liberal Party.

However, it is indeed a regret that some people have ignored such through trains and made their own conclusion in the light of whether they could get on any of the through trains.

With regard to these people, I only want to recite the following two verses of a well-known poem: "as thousands of junks will sail past the sunk boat, Springtime shall always lie ahead the dead wood bridge".

The six million people of Hong Kong will certainly advance forward steadily. Thank you, Madam President.

PRESIDENT (in Cantonese): Does any other Member wish to speak? Secretary for Justice, do you wish to reply?

SECRETARY FOR JUSTICE (in Cantonese): Thank you, Madam President. I should like to thank Members for speaking in support of the Bill. The Hong Kong Reunification Bill is a cross-departmental and multi-rank production of the new Government and has been refined by the many invaluable advices received from Honourable Members. In addition, this fruit of co-operation cultivated by the executive body, the legislature as well as the judiciary signifies a good beginning of harmonious co-operation and mutual trust among the different departments. I wish to take this opportunity to express my highest respect to all those who have taken part in drafting and facilitating the passage of the Bill.

Thank you, Madam President.

PRESIDENT (in Cantonese): I now put the question to you and that is: That the Hong Kong Reunification Bill be read the Second time.

Will those in favour please say "aye"?

(Members responded)

PRESIDENT (in Cantonese): Those against please say "no".

(No Member responded)

PRESIDENT (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CLERK (in Cantonese): Hong Kong Reunification Bill.

Committee Stage of Bill

HONG KONG REUNIFICATION BILL

CHAIRMAN (in Cantonese): Committee stage of Bill. Council is now in Committee.

Hong Kong Reunification Bill.

I now propose the question to you and that is: That the following clauses and schedules stand part of the Bill.

CLERK (in Cantonese): Clauses 1 to 32.

CHAIRMAN (in Cantonese): I now put the question to you as stated. Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(No Member responded)

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CLERK (in Cantonese): Schedule 1.

CHAIRMAN (in Cantonese): As a request for separate voting on the 13 items of Schedule 1 has been received, I now put the question to you and that is: That Item 1 of Schedule 1 ─ Holidays (1997 and 1998) Bill stand part of the Bill.

Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(No Members responded)

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CHAIRMAN (in Cantonese): I now put the question to you and that is: That Items 2, 3 and 4 of Schedule 1─

Urban Council (Amendment) Bill 1997;

Regional Council (Amendment) Bill 1997; and

District Boards (Amendment) Bill 1997

stand part of the Bill.

Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(No Member responded)

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CHAIRMAN (in Cantonese): I now put the question to you and that is: That Items 5, 6 and 7 of Schedule 1－

The Legislative Council Commission (Amendment) Bill 1997;

National Flag and National Emblem Bill; and

Regional Flag and Regional Emblem Bill

stand part of the Bill.

Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(No Member responded)

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CHAIRMAN (in Cantonese): I now put the question to you and that is: That Item 8 of Schedule 1─

Societies (Amendment) Bill 1997

stand part of the Bill.

Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(No Member responded)

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CHAIRMAN (in Cantonese): I now put the question to you and that is: That Item 9 of Schedule 1─

Public Order (Amendment) Bill 1997

stand part of the Bill.

Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(Members responded)

MR FREDERICK FUNG (in Cantonese): Madam Chairman, I claim a division.

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CHAIRMAN (in Cantonese): I now put the question to you and that is: That Items 10, 11, 12 and 13 of Schedule 1 ─

Court of Final Appeal (Amendment) Bill 1997;

Judicial Service Commission (Amendment) Bill 1997;

Immigration (Amendment) (No. 3) Bill 1997; and

Oaths and Declarations (Amendment) Bill 1997

stand part of the Bill.

Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(No Member responded)

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CLERK (in Cantonese): Schedule 2.

CHAIRMAN (in Cantonese): I now put the question to you as stated. Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(No Member responded)

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CLERK (in Cantonese): Preamble.

CHAIRMAN (in Cantonese): I now propose the question to you and that is: That this be the Preamble to the Bill.

I now put the question to you as stated.

Will those in favour please say "aye"?

(Members responded)

CHAIRMAN (in Cantonese): Those against please say "no".

(No Member responded)

CHAIRMAN (in Cantonese): I think the "ayes" have it. The "ayes" have it.

(Council then resumed)

PRESIDENT (in Cantonese): Council will now resume.

Bill: Third Reading.

Secretary for Justice.

SECRETARY FOR JUSTICE (in Cantonese): Madam President, the

Hong Kong Reunification Bill

has passed through Committee stage. I move that this Bill be read the Third time and do pass.

PRESIDENT (in Cantonese): I now propose the question to you and that is: That the Hong Kong Reunification Bill be read the Third time and do pass.

I now put the question to you as stated. Will those in favour please say "aye"?

(Members responded)

PRESIDENT (in Cantonese): Those against please say "no".

(No Member responded)

PRESIDENT (in Cantonese): I think the "ayes" have it. The "ayes" have it.

CLERK (in Cantonese): Hong Kong Reunification Bill.

NEXT MEETING

PRESIDENT (in Cantonese): In accordance with the Rules of Procedure, I now adjourn the Council until 2.30 pm on Wednesday, 9 July 1997 at the Chamber of the Legislative Council Building.

Adjourned accordingly at five minutes to Four o'clock.