Text proposed by the BLDC Special Groups
Our proposed text
Annex
Three formulae on the application of PRC statutes (1) Maria Tam/Martin Lee's formula:
or the NPC
"For laws enacted by the PRC Standing Committee which need to be applied in the Hong Kong SAR, the State Council shall issue directives to the Chief
Executive of the Hong Kong SAR SO as to publish them in accordance with procedures. established by law or implement them enacting legislation.
If
by
the above-stated laws which are applicable to the HKSAR are not appropriate in regard to the practical situation of the Hong Kong SAR, the Chief Executive of the Hong Kong SAR may seek permission from the NPC Standing Committee or the State Council to modify them or to cease implementing them.
If the Chief Executive of the Hong Kong SAR is unable to act in accordance with the directive, the NPC or the NPC Standing Committee may by proclamation apply the above-stated laws to the Hong Kong SAR."
(2) Wu Jianfan's formula:
"Laws enacted by the NPC or the NPC Standing Committee which need to be applied in the Hong Kong SAR shall be SO expressed in writing.
Such Laws enacted before the establishment of the Hong Kong SAR and which need to be applied in the Hong Kong SAR shall be published in a resolution of the Standing Committee.
NPC
Article regarding the application of Chinese statutes
In relation to foreign and defence affairs
which
are
the responsibilities of the CPG, including the determination of who is, or who is not, а Chinese national, the Hong Kong SAR government shall comply with directives of the CPG which shall be binding, as to the result to be achieved, upon the
the Hong Kong SAR Government, but which shall leave to the latter the choice of form
of and methods. If in the opinion of the CPG, the Hong Kong SAR Government fails to comply with such a directive, a law enacted by the NPC shall have effect in the Hong Kong SAR, to the extent to which it secures compliance with that directive, provided:
SECRET
it is expressed to apply in the Hong Kong SAR, and
it is laid in draft before the Hong Kong SAR legislature not less than 28 days before its
enactment.
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