4.40.
}
4.41.
4.42.
return covers matters concerning provisions of the Basic Law in relation to (a) and matters, not necessarily based on law, which affect the relationship between the CPG and the SAR. So if the "or" is a conjunctive one, might it actually limit the jurisdiction of the NPC to
86 a narrower jurisdiction than the Joint Declaration permits? This question is phrased in draft form only. Perhaps the main point is that the niceties of legal interpretation will not apply to those who interpret the article.
The overall PRC's position on this is as follows:
"The HKSAR is not a state and thus cannot enjoy the unlimited legislative power of a state ... According to provisions of China's constitution, the NPC Standing Committee has the power to review local regulations enacted by the organs of state power in the provinces, autonomous regions, and municipalities directly under the CPG and can repeal those laws and regulations that contravene the constitution, statutes or administrative regulations. Laws enacted by a SAR are a type of local regulation. Therefore, the review by the NPC Standing Committee of laws enacted by the SAR legislature is in keeping with the spirit of the constitution."
It should not be forgotten that by the Joint Declaration, the HKSAR is "directly under the authority of the CPG". Among this provision's implications is the following:-
"The national sovereignty over the HKSAR is exercised by the CPG is not only supported by the fact that the central government manages affairs concerning sovereignty and overall national interest, but it is also manifested by the CPG's supervisory power over the autonomy of the HKSAR. Local autonomy in all countries is supervised by the national government. If the localities were free from national supervision, they would not be autonomous but independent ... Principally, the CPG's supervision is whether the HKSAR is exercising its autonomy in accordance with the Basic
Law."
88
That is true of course, but it cannot justify deviation, should it occur, from the Joint Declaration.
This brings me to a very great concern indeed. It involves the offence of "subversion". Under article 33 of the Basic Law:-
"The Hong Kong Special Administrative Region shall enact laws on
its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organisations or