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Provisions on the economy

Some people in Hong Kong have commented that a number of articles in Chapter V on the economy appear inappropriate for a constitutional document. These include Article 105 (a balanced budget), Article 107 (low tax policy), Article 110 (practise free and open monetary and financial policies), Article 115 (Hong Kong currency with 100% foreign exchange backing). These stipulations appear to run counter to the concept that the handling of policies in this area lies within the area of autonomy of the Hong Kong SAR. Moreover, the SAR Government could find itself brought before the courts if it failed to adhere to the stipulated policies, which do not allow for sufficient flexibility in meeting the changing demands of world economic developments.

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The need for an authentic English text of the Basic Law

Some people in Hong Kong have argued, quite persuasively, that the SAR courts, operating on the common law system, would need an official English text to be able to function properly. Since the draft Basic Law provides (Article 9) that "the English language may also be used by the executive authorities, legislature and judicial organs of the Hong Kong SAR", there is unlikely to be any difficulty over this. However, in the case of divergence, it is reasonable to assume that the Chinese text would be decisive.

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