Article
Art. 22
000
Problem
phrases. We therefore consider it desirable to state that "acts/facts of state" should be understood in the BL with its common law meaning.
(a) Para. 1, as drafted, does
not prohibit the CPG itself or PRC organs other than departments under the CPG from interfering in the SAR's internal affairs.
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12
Suggested Solution
(ii) As a fallback, we can deploy
the following to replace para. 3:
(a)
"Accordingly, the courts of
the HKSAR shall not question the validity of acts of state, and shall obtain a statement from the CE of any matter relating to an act of state, the determination of which is required in any legal
proceedings. Any such
statement shall be binding on
the court." Para. 4 would remain unchanged.
A suggested text reads as follows:
"The CPG and its departments, and other executive organs of the State as well as the provinces, autonomous regions and municipalities directly
Remarks
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