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The following is the opening remarks made by the Chief Executive, Mr Tung Chee Hwa, at the press conference on right of abode issue today (Tuesday):
Today we have taken a very difficult decision. Whether considering our immediate challenge or long-term development, or whether we are acting to protect the interests of individuals in Hong Kong or the society as a whole, this decision, in my view, was necessary and was correct. We have decided to approach the Central Government for assistance for the State Council to seek from the Standing Committee of the National People's Congress for interpretation of Article 22 (4) and Article 24 (2) (3) of the Basic Law.
All of us would like to see family reunion. Who wouldn't? But what we face is a problem of unplanned population growth which Hong Kong, as a society, will not be able to bear. Apart from financial burdens, we face a scenario of possible declining living standards. Hong Kong, simply, in any case, does not have the land to accommodate the additional influx of people.
We hope that the Central Government and the National People's Congress Standing Committee will appreciate fully the difficulties that we face and accept our request to interpret the two Basic Law provisions. Through the interpretation, we hope to relieve the population pressure and establish the original legislative intent. Hopefully, a problem which has exercised our minds for the last four months can be resolved. Thereafter, we can focus our energies on other policy areas.
The SAR Government understands that the Central Government has no wish whatsoever to interfere with our autonomy. The last 20 months have proved this point beyond doubt. Traditionally, the Standing Committee of the National People's Congress exercises its right of interpretation very sparingly. Recently, the Central Government has made it plain, on several occasions, that it would prefer the SAR to resolve this matter on its own.
We face a very special situation. Our choices are limited. One option is to accept a huge influx of additional people, but we know that Hong Kong, as a community, has said this would not be acceptable. And in reality, Hong Kong cannot bear the burdens. Thus, the two choices before us are clear: interpretation of the Basic Law or the amendment of the Basic Law.
I wish to put it in no uncertain terms, the Government is fully committed to upholding the rule of law and will always respect the judicial independence. It is now widely accepted that both the interpretation and amendment options are legal and constitutional. Having given careful consideration to learned legal opinion, we have chosen to seek interpretation because we wish to establish the true legislative intent behind the Basic Law provisions. This is the most appropriate and effective manner of dealing with this issue.
As to the amendment route, we have considered carefully the legal implications and have decided against this option. For one thing, we cannot wait until March next year, and there is no guarantee even then, that the National People's Congress would make any amendments.
I wish to take this opportunity to thank the different bodies in our community who have expressed their views on possible solutions. After taking our decision, we immediately despatched a team, led by the Chief Secretary, to the legislature to explain our Government's position. Tomorrow, we have proposed a motion debate in the Legislative Council for views on all sides to be aired.
As the first Chief Executive of the SAR, I have very personal appreciation of the historic significance of 'one country, two systems' and the unique position which the Basic Law has bestowed on Hong Kong. Like many Hong Kong people, I treasure very much Hong Kong's high degree of autonomy and will apply myself wholeheartedly to ensure continuation of the rule of law, so as to guarantee that Hong Kong will have a solid constitutional foundation on which to build our stability and prosperity.
End/Tuesday, May 18, 1999
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