Criticism on Consultation
Draft
Improvements in latest draft
5. NPC Standing Committee's
power of interpretation too
wide. Before passing final judgements, SAR courts required to seek interpret-
ation from the SC whenever
a case involves an
interpretation of a
provision outside the SAR's
autonomy (Art. 169)
6. the scope of "acts designed to undermine national unity or
subvert the CPG" in Art. 22 is
capable of being interpreted very widely
7. composition of Basic Law
Committee unclear
NPC Standing Committee delegates power to interpret the "autonomy" provisions to SAR courts on their
own. Courts of SAR will only
refer to the Standing Committee
when in their view an interpret-
ation from the Standing Committee
on a provision outside SAR'S autonomy is required for the judgement to be made (Art. 157)
a more precise and familiar
formulation ("act of treason,
splitting the state, sedition and
the theft of state secrets") is
adopted (Art. 23)
Basic Law Committee to consist of
6 HK members and 6 mainland
members. HK members to be
nominated jointly by Chief Executive, Chief Justice and
President of Legco (BLDC
recommendations)
Human Rights
inadequate protection of
ights, as the SAR
islature can enact laws to
trict human rights beyond limits permissible under
two Covenants (Art.38-39)
restrictions on rights an
freedoms must not contr
Covenants (Art. 39)