Article
Art. 18
Problem
ONFREMTINI
J
8
Suggested Solution
Remarks
(a)
-
Channels :
Ministerial-level
exchange
Governor's visit
Zheng Weirong
BLDC/BLCC interlocutors
PA's introductory visit to China
Legal experts meeting
Actions taken:
-
It is a new point
arising from the Feb 89 draft.
the legal system in the SAR.
(a) As regards para. 4, both the JD and Art. 14 of the BL provide that the maintenance of public order in the SAR will be the responsibility of the SARG. Existing HK
laws already contain extensive provisions for the handling of emergency situations by the Governor in Council; such laws will survive 1997 by virtue of JD 53 which is now reflected in Art. 8 of the BL. There
should therefore be no need for the NPC Standing Committee or the State Council to apply relevant national laws to the SAR to deal with emergency arising from turmoil in the SAR. The application of para. 4
(a) We should deploy the following
position:
(i)
A suggested text for para. 4 is as follows:
"In case the Standing Committee of the NPC decides to declare a state of war, the Central People's Government may issue an order for the application of other relevant national laws in the Region."
(ii) The handling of emergency
situations in the SAR should be put firmly in the hands of the CE, as are the powers given to the Governor under
CONFIDENTIAL
000 GOVT HOUSE HK
'89 10-26 11:37