CONFIDENTIAL
054156
MDADAN 3579
STANDING COMMITTEE'S POWER UNDER ARTICLE 16 SHOULD BE RESTRAINED SO AS TO SAFEGUARD THE HIGH DEGREE OF AUTONOMY OF THE SAR.
5. ANDREW WONG SAID THAT MEMBERS OF THE OMELCO PANEL ON CONSTIT- UTIONAL DEVELOPMENT WERE OF THE VIEW THAT THE CPG'S POWER TO APPLY LAWS WHICH GIVE EXPRESSION TO ''NATIONAL UNITY AND TERRITORIAL INTEGRITY
WENT BEYOND JD57. THIS WAS ECHOED BY OTHER MEMBERS WHO SPOKE ON THIS ARTICLE.
ARTICLE 18:
JURISDICTION OF SAR COURTS
THE TERM
ANDREW WONG SAID THAT THE OMELCO PANEL CONSIDERED THAT 'EXECUTIVE ACTS OF THE CPG'' WAS AMBIGUOUS AND THAT EXISTING JURISDICTION OF THE COURTS SHOULD BE MAINTAINED. THIS POINT WAS REITERATED BY OTHER MEMBERS.
ARTICLE 21 : ENTRY OF MAINLAND CHINESE INTO THE
7.
SAR
HU FA-KUANG AND POON CHI-FAI COMMENTED THAT THIS ARTICLE DID NOT ENTER MAKE CLEAR WHOSE APPROVAL WAS REQUIRED FOR MAINLAND CHINESE TO THE SAR. HU SUGGESTED THAT SUCH POWER SHOULD BE VESTED WITH THE
SARG.
ARTICLE 22 : SUBVERSION
8.
CHAN YING- SEVERAL MEMBERS EXPRESSED CONCERN ON THIS ARTICLE. LUN SAID THAT THE PROVISION IN ARTICLE 22 WAS NOT PROVIDED FOR IN THE JD. HE SAID THAT IT COULD PAVE THE WAY FOR OPPRESSIVE LEGIS- LATION. THE TERMS ''SUBVERT THE CPG'' AND
UNITY"
'UNDERMINE NATIONAL
WERE ALSO TOO VAGUE. HE SUGGESTED THAT IT WOULD SUFFICE FOR THE PREAMBLE TO STIPULATE THAT THE ''HKSAR WOULD UPHOLD NATIONAL
UNITY
DESMOND LEE AND LIU LIT-FOR WERE ALSO IN SUPPORT OF THE DELETION OF THIS ARTICLE.
HUMAN RIGHTS
9.
ANDREW
SEVERAL MEMBERS EXPRESSED CONCERN ABOUT CHAPTER III. WONG, IN PRESENTING THE VIEW OF THE OMELCO PANEL, SAID THAT CHAPTER III DID NOT PROVIDE ADEQUATE SAFEGUARDS FOR BASIC RIGHTS AND FREEDOMS IN THE SAR. THE PANEL CONSIDERED
THAT CHAPTER III SHOULD
RIGHTS
BE MODELLED ON THE TWO INTERNATIONAL COVENANTS ON HUMAN AND/OR THESE TWO COVENANTS SHOULD BE GIVEN ENFORCEABILITY IN THE SAR.
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