BASIC LAW
CONFIDENTIAL
Background
Constitutional Court
(What compensating constitutional arrangements are there to
make up for the lack of a constitutional court?)
1. The Chinese did not accept the concept of a
constitutional court as that would establish an institution
superior to, or having the power to bind, the organ which,
under the PRC Constitution is charged with interpretation of
the Constitution and statutes, ie. the Standing Committee of
the National People's Congress. The NPC is the highest organ of State power in the PRC. Instead, the Basic Law
provides that there shall be a committee on the Basic Law
which the Standing Committee is required to consult before
giving an interpretation of the law. The Committee on the
Basic Law will consist of 12 members, 6 from the mainland
and 6 from Hong Kong, and shall include people from the legal profession. Hong Kong members are required to be Chinese citizens who are permanent residents of Hong Kong with no right of abode in any foreign country. They will be
appointed by the Standing Chief Executive, the President of
the Legislative Council and Chief Justice of the Court of
Final Appeal. The Basic Law Committee also advises the
Standing Committee on the compatibility of laws under
Article 17, the extension of Chinese laws under Article 18
and the amendment of the Basic Law.
State of Emergency (Article 18)
(Our reply to the FAC report defended the outcome on
Article 18. The Committee will want to know in a little
more detail why we think it is acceptable)
The fourth paragraph of Article 18 provides for a state
of emergency. A state of emergency may be declared by the
2.
CONFIDENTIAL