D BASIC LAW OTHER ISSUES
RES IGNATIONS FROM BASIC LAW DRAFTING COMMITTEE.
Am aware that a few people have resigned from BLDC. But sure that the majority will stick to task of working for best possible
Basic Law for Hong Kong.
Recent events have demonstrated even more clearly crucial
importance of this task.
ARTICLE 18(4) : APPLICATION OF NATIONAL LAWS IN AN EMERGENCY
Article 18 provides that if Standing Committee of National People's Congress declares state of war, or decides that, because of
turmoil beyond control of SAR, SAR is in state of emergency, State Council may decree application of relevant national laws in SAR (ie
without consultation with SAR Government).
Understand concern in Hong Kong about these provisions, given
recent events in China. But do not think it is right to draw
analogies: Basic Law provides elsewhere (Article 14) that
maintenance of public order is responsibility of SAR Government.
Provisions of Article 18 thus unlikely to be invoked except in
very extreme and exceptionally grave circumstances.
Mainland members of BLDC are reported in Hong Kong press to
have said as much. Believe many people in Hong Kong also accept that sovereign power should be allowed to intervene if (absolutely
?
necessary.
ARTICLE 23 (LAWS AGAINST SECESSION, TREASON) NEEDS AMENDMENT?
Article 23 provides for such laws to be checked by Hong Kong Legislature (ie they will not be Chinese national laws applied to