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Copy passed to fir P Blaker MP
HONG KONG: BASIC LAW: RECENT DEVELOPMENTS
HKB 012/1-FILE
J
laway
1.
The various sub-groups of the Basic Law Drafting Committee met
in Canton throughout the second half of November; and the Director
and Vice-Directors of the BLDC and the Covenors of the Sub-Groups
met from 6-9 December 1988 to consider amendments and prepare a
revised text for the Plenary BLDC meeting in January. Attached is a
copy of the Basic Law revised in the light of the outcome of those
meetings. The Article numbers in the new text have been changed
from those in the draft published in April 1988. The revised draft
was put forward for consideration at the eighth meeting of the BLDC, held in Canton from 9-15 January 1989 (see separate note attached).
2. The main developments of these meetings were as follows:
(i)
Powers of the National People's Congress in respect of
Hong Kong law (Article 17, formerly Article 16): Significant
progress. Power of the NPC to revoke Hong Kong laws has been
dropped, and the scope of its power to return laws for
reconsideration has been limited.
(ii) Nationwide laws applicable to Hong Kong (Article 18,
formerly 17): Some steps forward. One step back. Such laws are to
be more clearly defined and delimited than in the first draft. But
there is a worrying new provisions giving the NPC the right to apply
undefined "relevant laws" of the PRC in times of war and "unrest"
without prior consultation with the SAR.
(iii) Power of jurisdiction of the Hong Kong SAR courts (Article 19, formerly 18): Significant progress. Jurisdiction of
the Hong Kong courts over questions "concerning the executive acts
of the CPG" is no longer excluded. But there is still no provision
making the CPG subject to the jurisdiction of the SAR courts.
(iv) Human Rights (Article 39, formerly Articles 38 and 39):
Useful progress.
Many of the earlier deficiencies of the draft have
been rectified. But the International Covenants have not been
incorporated in the Basic Law. The question of whether Hong Kong
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