CONFIDENTIAL
of the People's Republic of China regarding Hong Kong as stated in
the Joint Declaration will be stipulated in the Basic Law. The
Preamble to the Basic Law (which was adopted by the National
People's Congress on 4 April 1990 and promulgated on the same day) in turn states that the basic policies of the People's Republic of China regarding Hong Kong have been elaborated in the Joint
Declaration and that the Basic Law is enacted in order to ensure the
implementation of those basic policies. Thus there is a clear link
between the obligations assumed by the People's Republic of China in
the Joint Declaration and the Basic Law. Our concern throughout the
drafting process was to ensure consistency between the Basic Law and
the provisions of the Joint Declaration. On the whole we are
satisfied that this has been achieved. But there are some
provisions which we would have preferred to have seen drafted
differently.
4.
The Committee drew attention to doubts as to whether the
provisions of Article 31 of the Chinese constitution override other
articles in the Constitution and took the view that the Preamble of
the Basic Law should set out clearly which articles of the Chinese
Constitution would apply to the Hong Kong Special Administrative
Region. The Hong Kong Special Administrative Region will be an
integral, if special, part of the unitary state of the People's
Republic of China. Certain provisions of the Chinese Constitution
will therefore apply in or in relation to Hong Kong, even though
they may not have direct effect as law. It would not be realistic
to dismiss all but Article 31 as having no relevance. But Article
11 of the Basic Law makes clear that the systems and policies
practised in the SAR "including the social and economic systems, the system for safeguarding the fundamental rights of its residents, the
executive, legislative and judicial system" will be based on the
Basic Law and Article 5 specifically states that the socialist
system and policies shall not be practised in Hong Kong but that the
capitalist system and way of life shall remain unchanged for 50
years. The Government would further draw the Committee's attention
to a decision also adopted on 4 April which affirms the view of the National People's Congress that Article 31 of the Chinese
CATAAU (2)
CONFIDENTIAL