CONFIDENTIAL
of the Basic Law on SAR courts but as it is a PRC law, organs of PRC clearly cannot be excluded entirely.
Bill of Rights
- In accordance with the Committee's recommendations (paragraph
2.11), the Hong Kong Government published a draft Bill of Rights on
16 March for a two month period of public consultation and plans to
introduce legislation into LegCo by July 1990. Statement on status
and purpose of Bill of Rights and proposals for entrenchment.
Article 18
Have noted the Committee's belief that Article 18 should be
revised to limit the powers of the central government to interfere
in the maintenance of public order in the Hong Kong SAR only to a
time of war (2.12). Final version of Basic Law is an improvement on
the second draft. Article 18 has been amended to provide that China
would only intervene in a state of emergency other than war if the
turmoil is both beyond the control of the SAR and endangers national
unity or national security.
Amendment of the Basic Law
- Have noted Committee's belief that all amendments to the Basic Law
should have the agreement of the Standing Committee of the NPC, of
LegCo and of the Chief Executive of the SAR before submission to the
NPC and that Article 158 should be amended so as to make clear that
"The established basic policies of the PRC regarding Hong Kong" are
those set out in the JD (paragraph 2.14). The Basic Law does
restrict the NPC Standing Committee's power of initiating bills of
amendment because Article 159 requires that before any such bill is
put on the NPC's agenda, the Basic Law Committee of the SAR shall
study it and submit in views. It would appear that the reference to
"basic policies" in this Article is intended to reflect the
reference in the Preamble ie. to the policies set out in the Joint
Declaration.
CATAAU
CONFIDENTIAL