Article
Art. 11
Problem
(ii) whether the
authorisation is mandatory or at the discretion of the NPC.
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Suggested Solution
HKSAR to exercise a high degree of autonomy except in defence and foreign affairs and enjoy executive, legislative and
independent judicial power,
including that of final
adjudication, in accordance with
Remarks
(a) There is a strong body of
opinion that notwithstanding Art. 31 of the PRC Constitution, the BL is at variance with some of the other provisions of the Constitution, notably Art. 1 and 5. As the PRC Constitution is regarded by the Chinese as superior to the BL, this may result in the CPG overriding the BL and imposing other
the provisions of this Law."
(a)
We suggest the following approach:
To suggest that NPC removes through appropriate means, any doubt about the constitutional validity of the systems to be practised in the SAR under Art. 31 of the PRC Constitution.
Channels :
Ministerial-level
exchange
ہے
Governor's visit Legal experts meeting - Zheng Weirong
·
L
BLDC/BLCC interlocutors PA's introductory visit to China ((a) only)
Actions taken:
(a) was extensively canvassed in the legal
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GOVT HOUSE HK
'89 10-26 11:30