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PART ONE OF TWO
AB74 LBASIC
MY FIFTH IPT. REPRESENTATIVE GOVERNMENT, THE BASTC"LAW AND THE
1987 REVIEW.
1. FOLLOWING IS THE REVISED TEXT OF THE PAPER ON THE BASIC LAW:
BEGINS.
IMPLEMENTATION OF THE JOINT DECLARATION.
A. GENERAL CONSIDERATIONS.
1. PARAGRAPH 3(12) OF THE SINO-BRITISH JOINT DECLARATION (JD)
STATES: THE BASIC POLICIES OF THE PEOPLE'S PEPUBLIC OF CHINA
REGARDING HONG KONG AND THE ELABORATION OF THEM IN ANNEX TO THE
JOINT DECLARATION WILL BE STIPULATED, IN A BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA, BY THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA, AND THEY WILL REMAIN UNCHANGED FOR 50 YEARS.
2. THIS WILL BE ENACTED UNDED ARTICLE 31 OF THE CHINESE CONSTITUTION
WHICH READS: THE STATE MAY ESTABLISH SPECIAL ADMINISTRATIVE
REGIONS WHEN NECESSARY. THE SYSTEMS TO BE INSTITUTED IN SPECIAL ADMINISTRATIVE REGIONS SHALL BE PRESCRIBED BY LAW ENACTED BY THE
NATIONAL PEOPLE'S CONGRESS IN THE LIGHT OF THE SPECIFIC CONDITIONS.' THERE HAS BEEN DISCUSSION IN HONG KONG ON HOW MUCH DETAIL, IN ADDITION TO WHAT IS ALREADY STIPULATED IN THE JOINT DECLARATION,
SHOULD APPEAR IN THE BASIC LAW. THE ARGUMENT PANGES FROM THE
MINIMUM NECESSARY (SO AS TO ALLOW THE SAR MAXIMUM FLEXIBILITY) TO
THE MAXIMUM POSSIBLE (SO AS TO PROVIDE ABSOLUTE CERTAINTY IN EVERT
SPHERE OF THE SAR'S ACTIVITIES).
3. ON VARIOUS OCCASION, CHINESE OFFICIALS HAVE SAID THAT THE BASIC
LAW WOULD REFLECT AND PUT INTO LEGAL FORM THE POLICIES STATED IN THE
JOINT DECLARATION, AND WOULD LAY DOWN BASIC PRINCIPLES AND GENERAL
PROVISIONS, BUT SHOULD NOT BE TOO DETAILED OR SPECIFIC IN ORDER
NOT TO PRECLUDE DESIRABLE CHANGES.
4. TO GIVE EFFECT TO ARTICLE 3(12) OF THE JOINT DECLARATION AN
ESSENTIAL REQUIREMENT WILL BE FOR ALL THAT IS IN PARAGRAPH
3(1)-(11) OF AND ANNEX TO THE JOINT DECLARATION TO BE
INCORPORATED COMPLETELY AND FAITHFULLY IN THE BASIC LAW. IN SOME
AREAS (E.G. THE FUTURE STRUCTURE OF GOVERNMENT) IT IS POSSIBLE
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