WOZANZ
BASIC LAW
Improvements to Key Articles made in the
second Draft of the Basic Law
Criticism on first Draft
Central/SAR Relationship
ANNEX C
Improvements in second draft
1.
Joint Declaration
provision that the maintenance
of public order in the SAR is the responsibility of the SAR
is not reflected.
2. legislative power of SAR legislature would be under-
mined by NPC Standing
Committee's power to revoke
or return any SAR law
inconsistent with the BL
(Art. 16)
3. the scope of nation-wide
laws which could be applied
to the SAR is too wide
(Art.17)
4.
restrictions on the
jurisdiction of SAR courts
(eg over executive acts) go
beyond the present practice
(Art.18)
This provision is now reflected in Article 14, second paragraph.
NPC Standing Committee can only
return (but not revoke) an SAR law
inconsistent with those BL
provisions falling within the
CPG's responsibility (Art. 17)
nation-wide laws applicable to the
SAR are confined to those outside
the limits of the SAR's autonomy
and are listed in an annex (Art.18
and Annex III)
SAR courts will have jurisdiction
over all cases "except those
constituted by acts of state". The
wording seeks to follow the
present practice (Art.19); but
remains unclear. Text was not
agreed by the necessary 2/3
majority of the BLDC and will need
further consideration.
Page 90Page 91
Criticism on first
Draft