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OF ADVISORY COMMITTEES WAS RIGHT AND HAD THEREFORE INCLUDED PROVISION IN THE DRAFT FOR COMMITTEES TO BE ESTABLISHED BY THE EXECUTIVE
(ART.65). LEE'S SUGGESTION WOULD DEPRIVE THE EXECUTIVE OF POWER, IN THAT EXCO WOULD BECOME, IN EFFECT, A LEGCO STANDING COMMITTEE THUS CREATING A LEGISLATURE-LED, RATHER THAN AN EXECUTIVE- LED, SYSTEM. THE CHIEF EXECUTIVE WOULD NOT HAVE FULL CONTROL OVER EXCO EVEN THOUGH HE APPOINTED ITS MEMBERS. THIS WOULD BE A MINISTER-
IAL SYSTEM WITHOUT MINISTERS. HE WAS NOT OPPOSED TO THE IDEA
OF A MINISTERIAL SYSTEM BUT FELT THAT A PRE-CONDITION WAS A MAJORITY
PARTY. IN THE BRITISH SYSTEM THE PRIME MINISTER INFLUENCED THE LEGISLATURE THROUGH PARTY CONTROL. THE CHINESE RECOGNISED THAT THE
INTRODUCTION OF UNIVERSAL SUFFRAGE WOULD MAKE INEVITABLE SOME GROWTH OF POLITICAL PARTIES. OVER TIME, LOTS OF SMALL PARTIES TENDED TO MERGE INTO A FEWER BIG ONES. WITHOUT STRONG PARTIES IT WOULD BE DIFFICULT TO COORDINATE THE EXECUTIVE AND THE LEGISLATURE IN THE METHOD PROPOSED BY MR LEE. THE CHIEF EXECUTIVE WOULD BECOME SUBORDINATE TO LEGCO AND THUS A POWERLESS FIGUREHEAD. NEVERTHELESS THE DRAFTERS ONLY HAD A GENERAL IDIA OF MR LEE'S VIEWS AND WOULD NEED
TO EXPLORE THEM MORE FULLY.
ARTICLE 19: JURISDICTION OF THE SAR COURTS
8. LU SAID THAT ARTICLE 19 WAS THE ONLY ONE WHICH FAILED TO SECURE THE REQUIRED MAJORITY AT THE 8TH BLDC PLENARY. I HAD MENTIONED OUR WORRIES ABOUT THIS ARTICLE IN MY MEETING WITH WANG HANBIN ON 24 APRIL (HK TELNO 331). THE DRAFTERS RECOGNISED THAT ARTICLE 19 NEEDED TO BE IMPROVED. THE GUIDING PRINCIPLE SHOULD BE THAT THE SCOPE OF JURISDICTION TO BE ENJOYED BY THE SAR COURTS SHOULD BE THE SAME AS NOW. THEY HAD NO INTENTION TO IMPOSE FURTHER RESTRICTIONS.
THE PROBLEM WAS ONE WHICH COULD BE RESOLVED BY BETTER DRAFTING.
ARTICLE 157: POWER OF INTERPRETATION
9. PRESS REPORTS HAD INDICATED THAT OMELCO WANTED THE POWER OF INTERPRETATION TO REST ENTIRELY WITH THE HONG KONG COURTS. THIS WAS DIFFICULT: THE BASIC LAW WAS A NATIONWIDE LAW, NOT ONLY APPLIC- ABLE TO HONG KONG. AFTER 1997, ON HONG KONG MATTERS THE STANDING COMMITTEE AND THE STATE COUNCIL OF THE NPC WOULD NEED TO FOLLOW THE BASIC LAW. AS THE BL WAS APPLICABLE TO THE WHOLE NATION, IT FELL WITHIN THE SPECIFIC PROVISION OF ARTICLE 67 OF THE CHINESE CONSTIT- UTION THAT POWER TO INTERPRET NATIONAL LAWS WAS VESTED IN THE STANDING COMMITTEE OF THE NPC. BL ARTICLE 157 ALREADY LAID DOWN MANY RESTRICTIONS ON THE POWERS OF THE STANDING COMMITTEE TO INTERPRET: IT WOULD BE EXTREMELY DIFFICULT TO GIVE ALL THE STANDING
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