LIST OF PRINCIPAL CONCLUSIONS AND RECOMMENDATIONS
1. We share the concerns that have been expressed
about the electoral structure used for the 24 May election. The
results of two thirds of the seats in the Legislative Council—40
out of 60—are decided by less than 140,000 voters out of
a total registered electorate of about 2.8 million. We believe
that the structure is fundamentally flawed. (paragraph 13)
2. We believe that the results of the 24 May
election abundantly demonstrate our earlier contention that the
present electoral structure is seriously flawed. It manifestly
does not result in a Legislative Council composition which accurately
reflects the popular will. We support the early realisation of
elections to the Legislative Council based solely on universal
suffrage. As the Basic Law presently stands, the earliest election
which can be held on the basis of universal suffrage is that in
2008. We believe this is too distant: Hong Kong's longer term
economic progress is in our view dependent on the strengthening
of democracy and the maintenance of the rule of law. We hope therefore
that the HKSAR Government will bring forward an amendment to the
Basic Law to provide for elections of the Legislative Council
by universal suffrage as soon as possible, and that such an amendment
will find favour with the National People's Congress. (paragraph
17)
3. There was considerable support in Hong Kong
for a move to universal suffrage for the election of the person
to be appointed by the Central People's Government as Chief Executive.
We hope that the HKSAR Government will give careful consideration
to putting the appropriate procedures in hand as soon as possible.
Because there is a separation of powers between the Executive
and the Legislature, only by electing both the Chief Executive
and the Legislative Council can a democratically elected administration
be said to have been created. (paragraph 19)
4. We welcome the commitment to consult on any
proposals for legislation on the offences of treason, secession,
sedition and subversion against the Central People's Government
under Article 23 of the Basic Law and ask that the SAR Government
take very close account of the consultation. (paragraph 22)
5. We consider, as does the Government, that
it would have been better to have left such a publicly sensitive
issue as the Adaptation of Laws (Interpretative Provisions) Ordinance
to be considered by the elected Legislative Council and not the
Provisional Legislative Council. The SAR Government's claim of
the need for urgency in making this change is not reinforced by
the fact that passage of this legislation, apparently with the
three readings in a single session, was one of the last acts of
the Provisional Legislature. In the light of this, a clear definition
of the scope of the authority and functions delegated to Xinhua
by the Central People's Government would provide valuable reassurance
in defining the scope of its exemption from HKSAR laws. We hope
that the relevant authorities will respond positively to this
suggestion. (paragraph 28)
6. We should be interested to learn whether the
Privacy Commissioner took any action against Xinhua with a view
to preventing a repetition of the breach of the Data Protection
(Privacy) Ordinance which occurred in the Emily Lau case. (paragraph
31)
7. We welcome the clear reiteration given by
the Secretary for Justice of her independence and of the long-standing
principles on which her decisions are based. We understand that
she hopes at the conclusion of the trial in the Hong Kong Standard
case that it will be possible to make a public statement on the
case. This should provide another opportunity to emphasise the
continuing independence of the prosecuting authorities in Hong
Kong. (paragraph 34)
8. We welcome the clear demonstration of the
continuation of the right of free demonstration in Hong Kong.
This is a fundamental right in a free society. While it is clear
that a structure for repression of this freedom exists (some of
it inherited from colonial times) it is not used: on the evidence
we have seen, the actions of the police and the civil authorities
in this area do not appear to have altered since the handover.
(paragraph 38)
9. We urge the Government and others to exercise
particular vigilance over developments such as the proposal by
the Director of Broadcasting to establish guidelines on Radio
Television Hong Kong programme standards. It will be important
to ensure that such guidelines are neither a disguised form of
censorship nor an inducement to self-censorship. Both the local
and the international media have an important part to play in
reporting on the continuing protection of rights and freedoms
in Hong Kong. (paragraph 52)
10. We wish the Government to continue to support
efforts to increase visa-free access for Hong Kong SAR passport
holders, particularly as regards Hong Kong's neighbours and main
trade partners and travel destinations. In particular, we recommend
that the Government continue to press strongly for visa-free access
throughout the European Union. We note in this context that most
Macanese either have, or have a right to, a Portuguese passport.
This provides free movement within the Schengen area. (paragraph
54)
11. The Central People's Government has agreed
to transmit to the United Nations without amendment reports drafted
by the HKSAR Government on Hong Kong under the ICCPR and ICESCR
(notwithstanding that the People's Republic of China is not yet
a signatory to the ICCPR). The first such reports will be transmitted
in August. We welcome this undertaking. (paragraph 59)
12. We welcome the respect which Beijing has
demonstrated thus far to the autonomy in economic policy making
of the HKSAR Government under the Joint Declaration. We trust
this will continue and look to the Government to continue to monitor
this through the Joint Liaison Group. (paragraph 61)
13. Despite the particular concerns we have identified
in this report, we welcome many of the developments in the HKSAR
during its first year of existence. We look forward to the continuation
of the positive bilateral relations between the UK and the HKSAR.
Given the United Kingdom's interest in Hong Kong, and its obligations
under the Joint Declaration, we shall remain vigilant on the issues
brought to our attention in the course of this inquiry. (paragraph
62)
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