CONFIDENTIAL
056327
MDHOAN 8090
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 897
OF 02160OZ MAY 90
нко оид
RECEIVED IN REGISTRY
AND TO IMMEDIATE PEKING, UKREP JLG HONG K6APR 1990 HONG KONG
SECTION 2 OF 4
DESK OFFICER
INDEX
PA
REGISTRY
Action Taken
ARTICLE 18
8.
THE GOVERNMENT HAVE NOTED THE COMMITTEE'S BELIEF THAT ARTICLE 18 NEEDED TO BE REVISED TO LIMIT THE POWERS OF THE CENTRAL GOVERNMENT TO INTERFERE IN THE MAINTENANCE OF PUBLIC ORDER IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION ONLY TO A TIME OF WAR (PARAGRAPH 2.12). IN THIS RESPECT, THE FINAL VERSION OF BASIC LAW IS AN IMPROVEMENT ON THE SECOND DRAFT. ARTICLE 18 HAS BEEN AMENDED TO PROVIDE FOR THE CENTRAL AUTHORITIES TO INTERVENE BY APPLYING RELEVANT NATIONAL LAWS IN A STATE OF EMERGENCY OTHER THAN WAR ONLY IF THE TURMOIL IS BOTH BEYOND THE CONTROL OF THE GOVERNMENT OF THE SAR AND ENDANGERS NATIONAL UNITY
OR NATIONAL SECURITY.
AMENDMENT OF THE BASIC LAW
9. THE GOVERNMENT HAVE NOTED THE COMMITTEE'S BELIEF THAT ALL AMENDMENTS TO THE BASIC LAW SHOULD HAVE THE AGREEMENT OF THE STANDING COMMITTEE OF THE NPC, OF THE LEGISLATIVE COUNCIL AND OF THE CHIEF EXECUTIVE OF THE SAR BEFORE SUBMISSION TO THE NPC. THE GOVERNMENT ALSO NOTED THE COMMITTEE'S VIEW THAT ARTICLE 158 (NOW ARTICLE 159) SHOULD BE AMENDED SO AS TO MAKE CLEAR THAT THE REFERENCE IN THAT ARTICLE TO QUOTE THE ESTABLISHED BASIC POLICIES OF THE PRC REGARDING HONG KONG UNQUOTE ARE THOSE SET OUT IN THE JOINT DECLARATION (PARAGRAPH 2.14). THE ENACTED TEXT OF THE BASIC LAW DOES NOT CONTAIN SUCH A PROVISION THOUGH PROPOSALS FOR AMENDMENT WHICH EMANATE FROM THE SAR ARE REQUIRED TO HAVE THE PRIOR CONSENT OF, INTER ALIA, TWO THIRDS OF THE MEMBERS OF THE LEGISLATIVE AND EXECUTIVE COUNCIL AND THE CHIEF EXECUTIVE. NO
SUCH PRIOR CONSENT IS REQUIRED FOR PROPOSALS FOR AMENDMENTS WHICH EMANATE FROM THE STANDING COMMITTEE OR THE STATE COUNCIL. HOWEVER, THE BASIC LAW DOES PROVIDE, AS REGARDS ALL PROPOSALS FOR AMENDMENT, THAT BEFORE ANY BILL IS PUT ON THE AGENDA OF THE NATIONAL PEOPLE'S CONGRESS, THE BASIC LAW COMMITTEE OF THE SAR CHALF OF THE MEMBERS OF WHICH, AS NOTED IN PARAGRAPH 4 ABOVE, ARE TO COME FROM HONG KONG) SHALL STUDY IT AND SUBMIT ITS VIEWS. REFERENCE TO QUOTE BASIC POLICIES UNQUOTE IN THIS ARTICLE
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