(111) TO SET OUT IN A LIST THOSE BASIC POLICES APPEARING IN OTHER PARTS OF THE BL WHICH SHOULD NOT BE SUBJECT TO AMEND- MENT. ONLY THE RELEVANT CHAPTER/SECTION NUMBERS NEED TO BE INCLUDED. THIS LIST WOULD BE APPENDED TO THE BL AND FORM PART OF THE PREAMBLE.
32. MARIA TAM SAID THAT THE JD WAS AN INTERNATIONAL AGREEMENT TO WHICH HK AS WELL AS FOREIGNERS ATTACHED IMPORTANCE. SHE SUGGESTED THAT THE CHINESE COMMITMENT IN THE JD SHOULD BE INCLUDED IN THE BL AND THE LINK BETWEEN THE TWO DOCUMENTS SHOULD BE EXPRESSLY LAID DOWN IN THE CHAPTER ON THE GENERAL PRINCIPLES, OR ALTERNATIVELY THE PREAMBLE.
33. CHINESE MEMBER XU CHONGDE SAID THAT IT WAS NOT SUFFICIENT TO SAY THAT THE BASIC POLICIES SET OUT IN CHAPTER I OF THE BL WOULD NOT BE SUBJECT TO ANY AMENDMENT. HE SUGGESTED THAT ALL THE PRINC- IPLES WHICH HAD ALREADY BEEN CONFIRMED BY THE JD AND PRESCRIBED IN THE BL SHOULD REMAIN UNCHANGED FOR 50 YEARS. BUT HE EMPHASISED THAT EVEN IF THE BASIC PRINCIPLES WERE TO REMAIN UNCHANGED, IT DID NOT MEAN THAT THE ARTICLES OF THE BL COULD NOT BE CHANGED. THE MAIN POINT WAS THAT THE PROPOSED AMENDMENTS MUST NOT RUN COUNTER TO THE BASIC POLICIES.
(G)
34.
INTERPRETATION OF THE BL
HK MEMBER SIMON LI SAID THAT THE POWER OF THE SAR'S COURTS TO INTERPRET THE BL SHOULD NOT BE CONFINED TO THOSE ARTICLES WHICH WERE WITHIN THE SAR'S LIMITS OF AUTONOMY. AT PRESENT, THE HK COURTS' POWER TO INTERPRET LAWS WAS UNRESTRICTED AND THIS SHOULD CONTINUE. HE CONSIDERED IT INSUFFICIENT JUST TO PROVIDE THAT THE INTERPETATION GIVEN BY THE NPC STANDING COMMITTEE OF THE BL WOULD NOT HAVE RETRO- SPECTIVE EFFECT: THE NPC STANDING COMMITTEE SHOULD CEASE INTER- PRETING ANY ARTICLE OF THE BL BEING REFERRED TO IN COURT CASES, SO THAT THE SAR'S POWER OF INDEPENDENT ADJUDICATION WOULD REMAIN UNAFFECTED.
35. CHINESE MEMBER XIAO WEIYUN, HOWEVER, SAID THAT SOME RESTRIC- TIONS SHOULD BE IMPOSED ON THE POWER OF THE SAR'S COURTS TO INTERPET THOSE PROVISIONS OF THE BL RELATING TO FOREIGN AND DEFENCE AFFAIRS AND OTHER MATTERS WHICH WERE DIRECTLY UNDER THE CONTROL OF THE CPG.
FINAL PART OF THREE
BANGKOK FOR SECRETARY OF STATE'S PARTY
(H) JURISDICTION OF THE SAR'S COURTS
36.
REFERRING TO THE PROPOSAL THAT CASES TOUCHING ON MAJOR STATE INTERESTS SHOULD NOT BE JUSTICIABLE IN THE SAR'S COURTS, RAYSON HUANG SAID THAT IT SEEMED TO CONTRAVENE THE JD SINCE THE JD STATED. THAT THE SAR WOULD HAVE THE POWER OF FINAL ADJUDICATION.
RESTRICTED
/37.