(a) Article 31 of Chinese Constitution (which provides for
establishment of Special Administrative Regions). Relationship
between BL and rest of Chinese constitution. Does BL override eg articles of Chinese constitution about socialist system? Articles 5 and 11 of BL give some clarification; decision of NPC adopted on 4 April [pg 63 of BL booklet] gives more. Also speech by
Ji Pengfei
(b) Application of Chinese laws in and in relation to SAR.
(c) Independence of Judiciary. Overlap between common law system where interpretation of law rests with courts and civil
system where it rests with legislature (NPC). Basic Law solution is: establishment of Court of Final Appeal; interpretation of BL in Hong Kong except in specified circumstances and areas; impossibility of excluding NPC completely from interpretation of law
enacted by them
(a) Article 23 of BL: Subversion. Inclusion of prohibition of subversion in BL caused considerable alarm in Hong Kong. It was felt that, undefined as it was, could be used to suppress any democratic protest activity. However, Article 23 specifies that "HKSAR shall enact laws on its own to prohibit
subversion".
Not a question of applying Chinese laws. Turn to current HK law quote Crimes ordinance. Comparable provisions already exist. Furthermore, Article 39 of BL provides for continued application of
ICCPR to Hong Kong, which in turn contains provisions about maintenance of democratic freedoms. Bill of Rights currently under preparation for Hong Kong will help to clarify this and, we hope,
reassure Hong Kong people.
(e) Change to continental style separation of powers from Westminster type arrangement.
8.
To sum up:
Principle is one country, two systems.
Framework is JD, international agreement.