- If the provisions concerned are related to the power relations between the Central and the HKSAR Governments (e.g. where the question is whether certain acts of the HKSAR Govern- ment are within its jurisdiction as prescribed by the Basic Law) the matter should be decided by the Standing Committee of the NPC of China (at the first instance). The Standing Committee of the NPC may consider delegating its power to interpret the Basic Law to a tribunal specially established for that purpose. Moreover, any differences concerning the interpretation of the Basic Law between the Central and the Hong Kong Governments should, as far as possible, be resolved by mutual agreement. Reference to the judicial or special tribunal of the Central Government established for such purposes should only be the last resort. If the problem is related to the internal affairs of Hong Kong, then the judiciary of Hong Kong should have the exclusive authority to interpret the Basic Law without guidance from the Central Government. Such authority to be exercised by the judiciary of the HKSAR should be expressly entrenched in the Basic Law.
(9) Amendments to the Basic Law:
(a) According to Article 31 of the Constitution of China, the NPC of China shall have the right to make and amend the Basic Law of Hong Kong. The
:
NPC however may delegate its power of amending the Basic Law to the legislative assembly and/or the people of Hong Kong. Therefore, with a view to reinforce confidence in Hong Kong, the Basic Law may expressly provide that the power of amending the Basic Law is to be jointly exercised by the NPC and/or its Standing Committee on the one hand, and the Hong Kong Legislative and people on the other.
(b) The procedures for amending the Basic Law may
be laid down as follows:-
passed by the legislative assembly of Hong Kong by a 2/3 majority of votes.
- passed in a referendum by the Hong Kong people
by a simple majoirty.
- passed by the NPC of China or its Standing
Committee by a simple majority.
(c) The Basic Law may also provide that any amend- ment to the Basic Law which would only affect the internal organization of the HKSAR Government, the citizenship of Hong Kong people, etc., shall be exercised by the legislative assembly and the people of Hong Kong in a referendum without reference to the Chinese Central Government. This is consistent with the principle of affording a high degree of autonomy to Hong Kong.
(10) The procedures for the drafting and making of the
Basic Law:
(a) Procedures for the drafting of the Basic Law-The
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