GINAAL
SECRET
ANNEX
BASIC LAW: POINTS NOT SPECIFICALLY COVERED IN THE JOINT DECLARATION
SUBJECT
CONSTITUTIONAL ARRANGEMENTS
1. Autonomy of SAR
POSSIBLE OPTIONS
Preferably specify powers
reserved to CPG, with balance vested in SARG.
THE LAWS
2.
Powers for SAR legislature to make laws with extra-territorial effect, and to delegate authority for making subsidiary legislation.
3. Legislative procedure and standing orders.
Such powers should be provided in the Basic Law.
Maintain existing system but SAR laws to be reported to NPC Standing Committee for the
record. No disallowance except where inconsistent with Basic Law.
JUDICIAL SYSTEM
4.
Structure of Courts
5.
Appointments of Justices of
the Peace.
6.
Prerogative of mercy
Maintain present structure but add Court of Final Appeal above Court of Appeal.
Retain existing system.
Preferably leave to SAR
legislature to decide whether capital punishment should be reintroduced.
THE PUBLIC SERVICE
7.
8.
Security of pensions in law
Adjustment of pensions in line with cost of living
9.
Role of "advisers"
10. Transfer of SAR public servants to PRC
This should be provided.
Maintain existing system, JD
says "on terms no less favourable than before".
Seek clarification from Chinese.
No transfer except strictly on a voluntary basis.
SECRET