Problem
CONFIDENTIAL
17.
Preferred Redraft
Possible Channels
Art. 18(4): The conditions under which the NPC Standing Committee may declare a state of
emergency in the SAR should be defined more stringently so as to avoid undue intervention by
the CPG in SAR affairs.
Art. 19: The first sentence of
para. 3 is too wide: it may be construed as prohibiting the SAR courts from considering all cases in which the question of
acts of state arises. This
would go beyond the existing
practice.
A proposed redraft of para. 4 is as follows : "In case the Standing Committee of the NPC decides to declare a state of war or, by reason of turmoil within the Hong Kong SAR which is beyond the control of the Region and for which the laws of the SAR make insufficient provision, decides that the Region is in a state of emergency, the Central People's Government may issue an order for the application of the relevant national laws in the Region."
Proposed redraft:
"Courts of the Hong Kong SAR shall not question the validity of acts of state."
legal experts channel
BLDC interlocutors: Rayson
Huang, Maria Tam
legal experts channel
BLDC interlocutors: Rayson
Huang, Maria Tam
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