CONFIDENTIAL

054156

MDADAN 3579

ARCLE SHOULD BE REDRAFTED TO THE EFFECT THAT IF THE NPC STANDING COMMITTEE WISHED TO PROPOSE AN AMENDMENT, THE BASIC LAW COMMITTEE, THE CE AND THE SAR LEGISLATURE SHOULD BE CONSULTED BEFOREHAND. IN THE CASE WHERE THE CE AND SAR LEGISLATURE PROPOSED AN AMENDMENT, THE NPC STANDING COMMITTEE SHOULD CONSULT THE BLC.

BASIC LAW COMMITTEE (BLC)

15. MISS MARIA TAM SAID THAT THE DRAFT BL DID NOT (NOT) EXPLAIN IN GREAT DETAIL THE COMPOSITION OR THE WORK OF THE BLC. SHE SAID THAT THE BLC SHOULD BE AN OPERATIONAL AUTHORITY AND NOT (NOT) AND ADVISORY BODY. AT LEAST HALF OF THE BLC MEMBERS SHOULD COME FROM HONG KONG AND THEY SHOULD REQUIRE A TWO-THIRDS MAJORITY BEFORE THEY COULD ENDORSE ANY REPORT FOR SUBMISSION TO THE NPC. AFTER THE NPC HAD ENDORSED THE REPORTS SUBMITTED TO IT BY THE BLC, THE CONTENT OF THE REPORTS SHOULD BE MADE PUBLIC SO THAT HONG KONG PEOPLE WOULD KNOW MORE ABOUT THE WORK OF THE BLC.

FORMATION OF THE FIRST SARG

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16. ANDREW WONG SAID THAT THE OMELCO PANEL OPINED THAT THE FIRST SAR GOVERNMENT SHOULD BE A REGULAR GOVERNMENT AND NOT (NOT) A TRANSITIONAL GOVERNMENT. THE PANEL WAS GENERALLY IN SUPPORT OF THE ''THROUGH TRAIN'' CONCEPT. AS THE CE WOULD HAVE TO BE APPOINTED BEFORE 1 JULY 1997, AND AS MOST JUDGES IN THE SAR JUDICIARY AND OFFICIALS IN THE SAR CIVIL SERVICE WOULD PRESUMABLY REMAIN IN POST IN 1997 UPON THE TRANSFER OF SOVEREIGNTY, THERE SHOULD ALSO BE NO (NO) CHANGE TO THE LEGISLATURE IN 1997.

STATUS OF ENGLISH LANGUAGE/ENGLISH TEXT OF THE BL

17.

SEVERAL MEMBERS COMMENTED THAT THE PROVISION IN ARTICLE 9 WOULD NOT (NOT) SUFFICIENTLY SAFEGUARD THE STATUS OF THE ENGLISH LANGUAGE AFTER 1997. THEY SUGGESTED THAT, PARTICULARLY AS HONG KONG WOULD REMAIN A COMMON LAW JURISDICTION UNDER ARTICLE 91, ENGLISH AND CHINESE SHOULD ENJOY EQUAL STATUS.

COMMENT

18. THE DEBATE WAS WELL ATTENDED, WITH 28 MEMBERS SPEAKING ON THE MOTION. 5 OUT OF THE 7 BLDC MEMBERS ON LEGCO PARTICIPATED. THE ATMOSPHERE OF THE DEBATE WAS CALM AND CORDIAL, WITH NO SIGN OF FIERY EXCHANGES BETWEEN MEMBERS.

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