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(a) The procedure for the making and amendment of
the Basic Law is special and therefore different from ordinary legislation in Hong Kong. Ordinary legislať- ion can be passed and amended by the legislative body of the HKSAR. By contrast, the authority of the Basic Law originates from the Constituion and the NPC of China. Therefore, the Basic Law or any amendment thereto shall be passed by the NPC before it comes into effect. In other words, this supreme law of Hong Kong should be made and amended by an authority higher than the HKSAR government, and the making of and the amendment to this supreme law shall be the respon- sibility of the highest legislative body of China, or in any case, an authority in a position higher than of the HKSAR government.
(b) The Basic Law is the foundation of the political and legal system of the HKSAR. Therefore, should any ordinary law or legislation, or any system established pursuant thereto be in conflict with the Basic Law, the former should be null and void.
The Basic Law should embody and reflect the spirit of the following:-
(a) The Sino-British Agreement on the future of Hong Kong This is necessary because of the special historial background of Hong Kong.
(b) The repeated undertakings openly given by the Chinese Government to Hong Kong people, which should include the following:-
that HKSAR should enjoy a high degree of auto- mony; that the Central Government shall only be responsible for the politico-diplomatic and defence affairs of the HKSAR (and possibly also problems in connection with the Basic Law and the formal ap- pointment of Hong Kong officials), but that the Central Government shall not interfere with the domestic affairs of Hong Kong; that HKSAR shall maintain its existing system for 50 years, i.e. its existing capitalistic system, social system and way of life.
(c) The general wishes of Hong Kong people, including the wish to have a basically democratic, open and responsible government which would undertake the protection of human rights and liberties presently enjoyed by Hong Kong people.
(4) The functions and characteristics of the Basic Law
should be:
(a) As regards the Chinese nation as a whole, the Basic
Law shall function as a symbol as well as the mechanism of the re-unification of China and Hong Kong.
(b) As regards the relationship between the Central Government and the HKSAR, the Basic Law shall constitute the Hong Kong government with a high degree of automony and shall define the relationship in respect of the power distribution of the respective systems of the two governments.
(c) As regards the relationship of Hong Kong Govern-
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