Criticism on Consultation
Draft
RESTRICTED
Improvements in latest draft
5. NPC Standing Committee's power of interpretation too wide. Before passing final
judgements, SAR courts
required to seek interpret-
ation from the SC whenever
a case involves an
interpretation of a
provision outside the SAR's autonomy (Art. 169)
6. the scope of "acts designed to undermine national unity or
subvert the CPG" in Art. 22 is
capable of being interpreted very widely
7. composition of Basic Law
Committee unclear
NPC Standing Committee delegates power to interpret the "autonomy" provisions to SAR courts on their
own. Courts of SAR will only
refer to the Standing Committee
when in their view an interpret-
ation from the Standing Committee
on a provision outside SAR's autonomy is required for the judgement to be made (Art. 157)
a more precise and familiar
formulation ("act of treason,
splitting the state, sedition and
the theft of state secrets") is
adopted (Art. 23)
Basic Law Committee to consist of
6 HK members and 6 mainland
members.
HK members to be
nominated jointly by Chief
Executive, Chief Justice and
President of Legco (BLDC
recommendations)
Human Rights
8.
inadequate protection of
human rights, as
as the SAR
legislature can enact laws to restrict human rights beyond
the limits permissible under
the two Covenants (Art.38-39)
restrictions on rights and
freedoms must not contravene the
Covenants (Art. 39)
RESTRICTED
Page 135Page 136