CONFIDENTIAL
MDLT
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COMMITTEE'S POWERS TO THE HONG KONG COURTS. SOME AUTHORITIES AT THE CENTRAL LEVEL WERE CONCERNED THAT TOO MUCH POWER WAS BEING GIVEN TO HONG KONG UNDER SOME PROVISIONS OF THE BL.
ARTICLE 158: POWER OF AMENDMENT
10. UNDER ARTICLE 158, THE STANDING COMMITTEE OF THE NPC, THE STATE COUNCIL AND THE SAR ALL HAD POWER TO PROPOSE AMENDMENTS TO THE BASIC LAW. OMELCO HAD SUGGESTED THAT THE STANDING COMMITTEE WOULD ONLY PROPOSE AN AMENDMENT IF IT WAS ADOPTED BY TWO THIRDS OF THE SAR LEGISLATURE. THIS TURNED THE RELATIONSHIP BETWEEN THE NPC AND LEGISLATURE UPSIDE DOWN. THE NPC WAS THE SUPREME ORGAN OF POWER IN CHINA AND THE STANDING COMMITTEE WAS AN ORGAN OF THE NPC. ARTICLE 72 OF THE CHINESE CONSTITUTION MADE CLEAR THAT THE STANDING COMMITTEE WAS VESTED WITH POWER TO PROPOSE AMENDMENTS TO LAWS. OMELCO'S FURTHER SUGGESTION THAT THIS POWER SHOULD BE TAKEN AWAY FROM THE
STATE COUNCIL WAS HARD TO ACCEPT.
11. THE ORGANIC LAW OF THE NPC STATED THAT PROPOSALS TO AMEND LAWS COULD BE PUT FORWARD BY THE STANDING COMMITTEE OF THE NPC, THE STATE COUNCIL, THE SUPREME COURT, THE SUPREME PROCURATORATE AND DELEGATIONS OF DEPUTIES TO THE NPC FROM PROVINCES. NEVERTHELESS SOME OF THESE POWERS TO PROPOSE AMENDMENTS HAD BEEN REMOVED FROM THE FORMULA IN THE DRAFT BASIC LAW: FOR INSTANCE DELEGATIONS OF NPC DEPUTIES FROM, EG XINJIANG, WOULD HAVE NO POWER TO PROPOSE AMENDMENTS, NOR WOULD THE SUPREME COURT OR THE SUPREME PROCURATORATE. THE SAR WOULD HAVE POWER TO PROPOSE AMENDMENTS BUT SAR DEPUTIES TO THE NPC WOULD NOT HAVE POWER TO DO SO ALONE. IT WAS WRITTEN INTO THE DRAFT BASIC LAW THAT SAR PROPOSALS FOR AMENDMENTS WOULD REQUIRE THE APPROVAL OF TWO THIRDS OF THE SAR DEPUTIES TO THE NPC, TWO THIRDS OF THE LEGISLATURE AND THE CHIEF EXECUTIVE.
12. SOME HONG KONG PEOPLE DID NOT UNDERSTAND THESE DETAILS. THE DRAFTERS HAD ALREADY OFFENDED SOME PARTIES BY REMOVING SOME OF THOSE WHO COULD NORMALLY PROPOSE AMENDMENTS. THEY COULD NOT REMOVE THE POWERS THE STANDING COMMITTEE AND THE STATE COUNCIL HAD UNDER THE CONSTITUTION. AS AN ASIDE, LU COMMENTED THAT THE STANDING COMMITTEE OF THE NPC ONLY HAD HALF A DAY TO DECIDE WHETHER THE PRESENT DRAFT WAS SUITABLE FOR CONSULTATION. IT MIGHT BE MORE DIFFICULT WHEN THE FULL DRAFT WAS SUBMITTED FOR FINAL APPROVAL IN DETAIL BY THE STANDING COMMITTEE NEXT MARCH.
WILSON
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