Criticism on first
Draft
Improvements in second 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 a final judgement to be made (Art. 157)
a more precise and familiar formulation ("act of treason,
secession, 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
8. inadequate protection of
human rights, as the SAR
legislature can enact laws
to restrict human rights beyond
the limits permissible under
the two Covenants (Art.38-39)
restrictions on rights and
freedoms must not contravene the
Covenants as applied to Hong Kong
(Art. 39)