THE Government's defence for its stand on the proposed political reforms in general and local representation on the British team in particular, is based on some recently formulated British policies on Hongkong. They include the claim that Hongkong officials and the current Legislative Council are entitled to represent the future sovereign interests of the Chinese Special Administrative Region of Hongkong. However, this new policy fails to recognise that it would not be Hongkong but China that would be regaining sovereignty from Britain. The normal international laws of succession that were applicable to other British colonies would not be applicable in Hongkong. Moreover, there are no legal precedents, international laws or provisions in any Sino-British agreements to date, which confer unfettered legal rights to Britain, to unilaterally pass on any authority or liabilities direct to the future SAR Government. It is China and only China that would have the legal authority to do so. It must also be recognised that what is to be agreed is in respect of matters affecting Chinese territory after 1997. Matters concerning purely the administration of Hongkong before 1997 are the sole prerogative of the outgoing British Administration andneed not and would not be the subject of negotiations. However, taking decisions on behalf of China after 1997 is not within Britain's purview. Accordingly, if local representatives from Hongkong were to participate in such negotiations which clearly involve taking major policy decisions on behalf of the future SAR, they must necessarily be on the Chinese team and not on the British team. BERNARD WIJEDORU Kowloon
