IN SUCH CIRCUMSTANCES, IT IS TO BE EXPECTED THAT THE CENTRAL GOVERNMENT WOULD RESERVE TO HTSELF THE RIGHT OF DECISION. THE VIEW HAS HOWEVER BEEN ADVANCED IN HONG KONG THAT THERE SHOULD BE PROVISION FOR THE SAR TO BE INVOLVED, OR AT LEAST FOR ITS REPRESENTATIVES TO
BE HEARD, BEFORE THE CENTRAL GOVERNMENT (MOST PROBABLY IN THE NPC STANDING COMMITTEE ACTING UNDER ARTICLE 67(4) OF THE CHINESE CONSTITUTION) REACHED A DECISION.
FINAL PART OF TWO
D. MAINTENANCE OF THE POLICIES IN THE JOINT DECLARATION AND AMENDMENT OF THE BASIC LAW.
16. PARAGRPH 3(12) OF THE JOINT DECLARATION PROVIDES THAT THE PRC'S POLICIES REGARDING HONG KONG WILL REMAIN UNCHANGED FOR 50 YEARS''. BUT TOTAL ABSENCE OF ANY PROVISION IN THE BASIC LAW CONCERNING ITS AMENDMENT COULD BE REGARDED AS UNREALISTIC AND UNDULY RIGID. AT HIS PRESS CONFERENCE ON DECEMBER 21, STATE COUNCILLOR MR. JI PENGFEI REFERRED TO THE POWER OF AMENDMENT RESTING WITH THE NPC AND THE STANDING COMMITTEE. ON THE OTHER HAND THERE WILL BE ANXIETY IN HONG KONG IT IT APPEARED THAT THE BASIC LAW, HAVING GIVEN EFFECT TO THE JOINT DECLARATION, COULD NEVERTHELESS BE EASILY CHANGED. THIS WILL BE A DIFFICULT BALANCE TO STRIKE. THE ANXIETY REFERRED TO MIGHT BE OVERCOME IF THE BASIC LAW PROVIDED THAT ANY FUTURE AMENDMENT WHICH MIGHT BE NEEDED WOULD BE MADE ONLY AFTER CONSULTATION WITH THE HONG KONG LEGISLATURE, WITHOUT SPECIITYING WHAT THE EXACT PROCEDURES WOULD BE.
STIPULATION OF THE POLICIES IN THE JOINT DECLARATION:
FORMAT OF THE BASIC LAW.
17. F THE BASIC LAW IS TO STIPULATE THE POLICES SET OUT MN THE JOINT DECLARATION ITS STRUCTURE WILL NEED TO BE SUCH AS TO ACHIEVE THIS. INDICATIONS IN THE PRESS AND ELSEWHERE ON THE QUESTION OF STRUCTURE SUGGEST THAT THE FOLLOWING IS A POSSIBLE STRUCTURE :-
GENERAL PRINCIPLES: THE LEGAL BASIS OF THE BASIC LAW, ITS RELATIONSHIP WITH THE STATE'S CONSTITUTION AND THE CENTRAL GOVERNMENT'S AIMS AND POLICIES REGARDING THE ONE COUNTRY, TWO SYSTEMS'' CONCEPT.
RELATIONSHIP BETWEEN THE CENTRAL GOVERNMENT AND THE HONG KONG SPECIAL ADMINISTRATIVE REGION: DEFINITION OF THE CENTRAL GOVERNMENT'S JURISDICTION OVER HONG KONG AND THE JURISDICTION OF THE SAR GOVERNMENT WITHIN HONG KONG.
HONG KONG PEOPLE'S RIGHTS AND OBLIGATIONS: STATEMENT OF THE OBLIGATIONS (E.G. TO UPHOLD THE UNIFICATION OF CHINA AND TO SAFEGUARD HONG KONG'S STABILITY AND PROSPERITY) AND THE RIGHTS AND FREEDOMS OF HONG KONG PEOPLE.
- SPECIFIC PROVISIONS FOR HONG KONG'S POLITICAL SYSTEM AND
GOVERNMENT STRUCTURE, THE SELECTION AND APPOINTMENT OF THE CHIEF EXECUTIVE ETC.
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ELABORATION