Article
Problem
CONFIDENTIAL
7
Suggested Solution
1
Remarks
may be interpreted in a way that would erode the rightful legislative power of the SAR legislature to enact laws to implement the SAR's external trade and economic policies or to implement treaties that are applied to the SAR.
The current draft does not require the NPC Standing Committee to furnish the SARG with an explanation for the return of an invalid SAR law, nor does it make clear that the SAR legislature may submit a revised version of the legislation concerned to the NPC Standing Committee; and even though only part of an SAR law is considered inconsistent with BL articles outside the SAR'S autonomy, the entire law would cease to have force. This would cause considerable disruption to
Authorities.'
(c) The BL should require that
specific reasons be given for the return of a law by the NPC Standing Committee, and that the SAR legislature may submit a revised version of the legislation concerned to the Standing Committee having taken account of the latter's views. It should also be made clear that, where possible and practicable, parts of an SAR law which are considered to be inconsistent with BL articles outside the SAR's autonomy can be returned without affecting the validity of the rest of the law.
CONFIDENTIAL
:.
C
doo GOVT HOUSE HK
'89 10-26 11:36