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MDHOAN 2162
OTHER PROVISIONS OF THE PRC CONSTITUTION.
31:
ACCORDING TO ARTICLE
THE STATE MAY ESTABLISH SAR'S WHERE NECESSARY. THE SYSTEM TO BE INSTITUTED IN SAR'S SHALL BE PRESCRIBED BY LAW ENACTED BY THE NATIONAL PEOPLES CONGRESS IN THE LIGHT OF THE SPECIAL CONDITIONS.
IT DOES NOT STATE THAT LAWS ENACTED BY THE NPC FOR A SPECIAL ADMINISTRATIVE REGION CAN BE IN CONFLICT WITH OTHER CONSTITUTIONAL PROVISIONS. YET THE
YET THE JOINT DECLARATION, WHICH IS TO BE PART OF THE BASIC LAW FOR HONG KONG ENACTED BY THE NPC, SAYS THAT THE RESIDENTS OF HONG KONG WILL ENJOY CERTAIN RIGHTS AND FREEDOMS (EG OF MOVEMENT, OF RESIDENCE, OF STRIKE, OF RAISING A FAMILY, OF CHOICE OF OCCUPATION) THAT AT PRESENT ARE NOT ACCORDED CHINESE CITIZENS IN GENERAL UNDER THE PRC CONSTITUTION. MOREOVER, OTHER RIGHTS AND FREEDOMS (EG OF PRESS, OF SPEECH) THAT ARE PRESCRIBED BY THE CONSTITUTION ARE DEFINITELY NOT PRACTISED IN THE SAME WAY IN THE PRC AS THEY ARE IN HONG KONG TODAY. THUS THE SAME TERMS USED IN THE BASIC LAW FOR THESE FREEDOMS WOULD BE DIFFERENT IN A PRC CONTEXT, SINCE THE FINAL AUTHORITY OF INTERPRETATION OF THE BASIC LAW RESTS WITH THE STANDING COMMITTEE OF THE NPC. IN ADDITION, THE RIGHTS AND FREEDOMS SET FORTH IN A FUTURE BASIC LAW OF HONG KONG COULD BE NULLIFIED BY THE CENTRAL GOVERNMENT AFTER CHINA ASSUMES AUTHORITY, SINCE, AS A SOVEREIGN STATE, THE PRC IS FREE TO DO WHATEVER IT CHOOSES TO DO.
ALTHOUGH THE JOINT DECLARATION MIGHT BE CONSIDERED A TYPE OF FORMAL AGREEMENT, IT CONTAINS NO MECHANISM FOR SETTLING DISPUTES
THAT MIGHT ARISE, AND SINCE THE PRC WOULD NEVER AGREE TO HAVE
THERE HONG KONG RELATED MATTERS ADJUDICATED BY THE WORLD COURT, IS IN FACT NO SANCTION SHOULD THAT COUNTRY DECIDE TO CONTRAVENE
THE DECLARATION.
THE RELATION BETWEEN SAR LEGISLATION AND THAT OF THE CENTRAL GOVERNMENT IS ALSO A DELICATE MATTER. LOCAL LAWS FORMULATED BY AN SAR CAN BE INVALIDATED BY THE STANDING COMMITTEE OF THE NPC IF THEY ARE FOUND TO CONFLICT WITH THE LAWS OF THE CENTRAL GOVERNMENT. ACCORDING TO PARAGRAPH 4, ARTICLE 67, OF THE CONSTITUTION, THE STANDING COMMITTEE HAS THE POWER AND FUNCTION QUOTE TO INTERPRET STATUTES UNQUOTE, AND PARAGRAPH 8 OF THE SAME ARTICLE SAYS THAT IT HAS THE POWER QUOTE TO ANNUL THOSE LOCAL REGULATIONS OR DECISIONS OF THE ORGANS OF STATE POWER OF PROVINCES, AUTONOMOUS REGIONS AND MUNICIPALITIES DIRECTLY UNDER
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