機密
CONFIDENTIAL ##
The
6
rigidities imposed on
the SAR's fiscal
policies restrict the autonomy of the SAR in
of its disposing
financial resources and drawing up its budgets, and therefore does not comply with JD 79, which reads :-
We
"The HK SAR shall deal on its own with financial matters, including disposing of its financial resources and drawing up its budgets and its final accounts."
concerned that becuase of the
be might
liable
also are
the SARG article litigation in courts.
to
We put these points and an alternative text the note of 7/9/89,
to
the Chinese
in
Fifoot/Shao letter of 9/11/89 and S of S's
Action is the Chinese to
letter
of
approach concerns.
Public Line : Note
6/12/89.
in hand to reiterate our
of the article is and acceptable,
[this will
be
that Chinese text capable of more flexible,
that Hope interpretation. reflected in final English text]. [the Chinese will look at this article again).
Article 157
Issue
: In Feb 1989 text, para.3 of Art. 157 reads :-
#
*
of
on
However,
if
the
the
of courts Region, in adjudicating cases before them, need to interprete the provisions this Law concernign affairs which are the responsibility of the CPG, or the
between relationship
the Central Authorities and the Region, and if such interpretation will affect the judgments the cases, the courts of the Region
before making their final · which are not appealable, seek of the relevant from the Standing Committee of through the Court of Final the Region. When the Standing makes an interpretation of the provisions concerned, the courts of the
those in applying
provisions,
shall,
judgments
an interpretation provision
the
NPC
Appeal of Committee
Region, shall follow the interpretation of the Standing Committee. However, judgments
previously
affected."
rendered
shall
not
CONFIDENTIAL #2
be