WOZANZ
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BASIC LAW
ANNEX II
Improvements to Key Articles endorsed by the
Basic Law Drafting Committee
at its Eighth Plenum (9-15 January)
Criticism on Consultation
Draft
Improvements in latest draft
Central/SAR Relationshp
1.
JD provision (JD 28) that
the maintenance of public
order in the SAR is the
responsibility of the SAR is
not reflected.
JD 28 is now reflected in Article
14(2)
2.
legislative power of SAR
legislature would be under- mined by NPC Standing Committee's power to revoke
or return any SAR law
inconsistent with the BL
(Art. 16)
3. the scope of nation-wide laws which could be applied
to the SAR is too wide
(Art.17)
4.
restrictions on the
jurisdiction of SAR courts
(eg over executive acts) go
beyond the present practice
(Art.18)
NPC Standing Committee can only
return (but not revoke) an SAR law
inconsistent with those BL
provisions falling within the
CPG's responsibility (Art. 17)
nation-wide laws applicable to the
SAR are confined to those outside
the limits of the SAR's autonomy
and are listed in an annex (Art.18
and Annex III)
SAR courts will have jurisdiction
over all cases except those
constituted by acts of state. The
wording seeks to follow the
present practice (Art. 19); but the
text was not agreed by the BLDC
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