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threatening the unity or security of the state may well cease an "internal affair" of the region where it occurs) and the new fourth paragraph of Article 18 expressly provides that that paragraph becomes applicable where the "turmoil
is beyond
the control of the Region". However, there could be room for
seeking some provision that the Central Authorities shall not intervene in the exercise of their ultimate powers to impose nationwide laws, including the negation of law implicit in the declaration of martial law, except following some form of consultation ("request" might be going too far) with the local SAR authorities. But such a requirement could in all probability be no
more than a decelerator; it could hardly constitute a veto. Some
form of reconciliation between Articles 14 and 18 would need to be
worked out, and particular care would need to be taken to ensure,
among other things, that a request for military assistance under Article 14 did not constitute a recognition that matters had passed beyond the control of the Region and that the fourth para of Article 18 is not made even worse, if only in appearance, than it is at present. It also needs to be recognised that such a provision only
goes to the procedure to be gone through prior to the introduction
of nationwide or martial law. There is a limit to what can be done
in any written law to prevent excesses if martial law is declared or
some coercive nationwide law is introduced.
5. This issue, however, relates to relations between Hong Kong and
Peking and nothing can be done about it unilaterally by Hong Kong.
(Nor would any attempt to pretend that a similar situation exists now between the United Kingdom and Hong Kong, so as to require some
specific legal provision now which could be carried over in 1997, be
credible or effective).
(ii) A "more democratic" legislature
6. Article 14 is in terms that the Government i.e. the Executive,
is responsible for maintaining public order and for requesting
assistance from the garrison. It is logical that this be so since
there is always some executive power available a legislature may be dissolved or in recess. The power of the Legislature in this
regard is exercised according to its ability to call the Executive
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