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5. DEALLY, APART FROM MAKING SUCH ADDITIONAL PROVISIONS AS ARE
THE NECESSARY TO FILL ANY SIGNIFICANT GAPS WHICH HAVE BEEN LEFT, BASIC LAW SHOULD MERELY GIVE THE JOINT DECLARATION AND ITS ANNEXES, SO FAR AS POSSIBLE, THE FORCE OF LAW IN THE HONG KONG SAR. THERE ARE PRECEDENTS IN VARIOUS NATIONAL CONSTITUTIONS FOR A TREATY TO BE GEVEN THE FORCE OF NATIONAL LAW AND PREVAILING OVER OTHER LAWS. MR. SHIN JURONG, A CHINESE JLG EXPERT, HAS ALSO STATED THAT IT M'S COMMON FOR CHINESE ENACTMENTS TO GIVE INDIVIDUAL AGREEMENTS THE FORCE OF LAW IN THE PRC AND TO MAKE THEM PREVAIL OVER DOMESTIC LAWS. THUS, ALTHOUGH THE CHINESE HAVE BEEN INSISTENT THAT THE PRO'S POLICIES TOWARDS HONG KONG AFTER 1997 COULD NOT BE EXPRESSED AS HAVING BEEN AGREED WITH THE UK, AND WOULD PROBABLY HAVE RESERVATIONS OVER THE #DEA OF APPLYING THE JOINT DECLARATION WITH THE UK (NEXT 3 WORDS UNDERLINED) N EXPLICIT TERMS AS PART OF THE BASIC LAW, THE POSSIBILITY OF SUCH AN APPROACH SHOULD AT LEAST BE SERIOUSLY EXPLORED.
6. THE DEA OF THE BASIC LAW GIVING THE JOINT DECLARATION THE FORCE OF LAW WAS PUT TO MR. LU PING WHILE HE WAS IN HONG KONG. HE REPLIED THAT PEOPLE WOULD WANT SOMETHING MORE DETAILED. THE IDEA NS NOT HOWEVER TO EXCLUDE ALL OTHER DETAILS, BUT TO REDUCE THEIR NUMBER AND, MORE IMPORTANT, TO PRESERVE THE JOINT DECLARATION.
7. #F THE SIMPLE APPROACH OF GIVING THE JOHNT DECLARATION AND ITS ANNEXES THE FORCE OF LAW N THE HONG KONG SAR PROVES UNACCEPTABLE TO THE CHINESE, THE AIM SHOULD BE TO ENSURE THAT:
(A) THE BASIC LAW CONTAINS AN EXACT REPETITION OF ANNEX # TO THE JOINT DECLARATION, OR AT LEAST FULL AND ACCURATE EXTRACTS FROM HIT, WITH THE MINIMUM OF RESTRICTIVE INTERPRETATIONS:
(B) IN THOSE AREAS WHERE THE BASIC LAW WILL CONTAIN PROVISIONS ADDITIONAL TO THOSE IN THE JOINT DECLARATION (E.G. THE FUTURE GOVERNMENTAL STRUCTURE), SUCH ADDITIONS TAKE FULL ACCOUNT OF HONG KONG'S CIRCUMSTANCES AND NEEDS.
8. THERE ARE TWO SIGNIFICANT CONSIDERATIONS TO BE BORNE IN MIND. (NEXT WORD UNDERLINED) FIRST, T S IMPORTANT TO ENSURE THAT HONG KONG PEOPLE HAVE FULL CONFIDENCE **N THE BASIC LAW: THAT IT FAITHFULLY AND FULLY REFLECTS THE PROVISIONS OF THE JOINT DECLARATION AND (NEXT WORD UNDERLINED) SECOND, THERE ARE STILL 11 YEARS BEFORE 1997, DURING WHICH THERE WILL BE DEVELOPMENTS IN MANY FIELDS OF ACTIVITY HERE. MOREOVER AFTER THE SAR PS ESTABLISHED IN 1997, HONG KONG WILL STILL NEED ROOM FOR DEVELOPMENT TO MEET CHANGING NEEDS, THIS IMPORTANT, THEREFORE, THAT THE BASIC LAW WILL LEAVE ROOM FOR SUCH DEVELOPMENT. TO SET TOO MUCH DETAIL IN CONCRETE SO FAR IN ADVANCE COULD PROVE A HINDRANCE IN THE FUTURE WHEN DESIRABLE CHANGES NEED TO BE MADE.
B. INDIVIDUAL RIGHTS AND FREEDOMS
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