Problem
CONFIDENTIAL
- 16 -
Preferred Redraft
Art. 17 It is unlikely that an
SAR law is defective in its
entirety. To avoid undue disruption to the legal system
in the SAR, the BL should make
clear that only the relevant
parts of the SAR law considered
to be inconsistent with BL
articles outside the SAR's
autonomy should be suspended.
A proposed redraft of para. 3 is as
follows:
"If the Standing Committee of the NPC, after consulting its Committee for the Basic Law of the Hong Kong SAR, considers that any law enacted by the legislature of the Region, or any part of such a law, is not in conformity with the provisions of this Law regarding affairs within the responsibility of the Central Authorities
or the relationship between the Central Authorities and the Region, it may return the law or part of the law in question, but it shall not amend it. Any law, or part of the law, returned by the Standing Committee of the NPC shall immediately cease to have force. This cessation shall not have
retroactive effect, unless otherwise provided for in the laws of the Hong Kong SAR."
CONFIDENTIAL
Possible Channels
-
legal experts channel
BLDC interlocutors: Rayson
Huang, Maria Tam
THL F:# གན