000
GOVT HOUSE
HK
Article
JD 85
Problem
This has been included in the drafts until December 1987, but is missing from the two formally published texts.
CONFIDENTIAL
29
Suggested Solution
A new Article in Chapter V, Section 1:
"The HKSAR shall decide its economic and trade policies on its
OWN. .
"
Remarks
Channels:
BLDC/BLCC interlocutors Legal experts meeting Zheng Weirong
Actions taken:
This was discussed in the legal experts channel.
'89 10-26 11:56
hapter VIII : Interpretation and Amendment of the Basic Law
Art. 157
As drafted, the NPC Standing Committee retains a power of legislative interpretation of
provisions of the BL which are within the SAR'S autonomy, and such interpretations will be binding on the SAR courts. This would compromise the autonomy of the SAR judicial system, the independence of the SAR
courts and the SAR's power of final adjudication.
(i) Para. 2 of this Article be
revised to:
(ii)
"The Standing Committee of the NPC shall west in the courts of the IKSAR the exclusive power to interpret on their own the provisions of this Law which are within the limits of the autonomy of the Region."
Para. 3 be amended to:
"The courts of the HKSAR may also interpret other provisions of this Law. However, if in any case the courts of the Region need to interpret the
CONFIDENTIAL
Channels :
Ministerial-level
exchange
Governor's visit Zheng Weirong
BLDC/BLCC interlocutors Legal experts meeting
Actions taken:
This Article has been extensively covered in both the political and legal experts channels, although the proposed solution might vary at different stages so as to take account of public concern at the time.