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Basic Law falls short of Hong Kong Constitution
The Basic Law and the Hong Kong Constitution are two very different instruments in form and provenance. It would be very difficult to conduct an article by article comparison of the two.
Nevertheless both cover some of the same areas and the same key
provisions: the Hong Kong Constitution, through the Letters Patent deals with the constitution of the Executive and Legislative
Councils, for instance. The Basic Law likewise will deal with the
constitution of the Executive Assembly and the Legislature. The
Letters Patent deals with the appointment of judges, the Basic Law
will do likewise. It will be possible therefore to make direct
comparison in certain areas.
There are at present at work in Hong Kong various well
established practices which substantially affect the operation of
the formal written constitution and there is extensive consultation
with the community on all major issues of policy and the conduct of
the administration. It is these practices, this flexibility and
this willingness to consult the community which characterise Hong Kong's unique system of government and which have enabled the territory to prosper. It is a fundamental principle of the Joint Declaration that the capitalists system and life style of Hong Kong
shall remain unchanged for 50 years. And it is the purpose of the
Basic Law to implement the Joint Declaration and to put that
principle into practice. It is reasonable to expect therefore,
although the Basic Law may appear very different from the present
Constitution, the future system of government and administration in
the broadest sense will nevertheless be recognisable as an evolution
of the system which exists under the present Constitution.
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