I
CONFIDENTIAL
136724 MDLIAN 6770
THEY ARE LIKELY TO DECIDE THAT THEY THEMSELVES HAVE THE POWER TO
JUDGE COMPATIBILITY OF SUCH A LAW WITH THE BASIC LAW.
(C) FOR THE SAME REASON, THEY ARE LIKELY TO CONCLUDE THAT THEY HAVE THE EXCLUSIVE POWER OF INTERPRETATION OF THIS AREA OF THE
BASIC LAW UNDER ARTICLE 158(3), AND THUS UNLIKELY TO SEEK AN INTERPRETATION IN ANY CASE WHICH MAY ARISE FROM THE STANDING
COMMITTEE OF THE NPC.
(D) IF, THEREFORE, THE COURTS IN THE SAR DETECT RESTRICTIONS ON THE RIGHT OF ABODE IN ANY HONG KONG LEGISLATION WHICH RESTRICT THE ENJOYMENT OF RIGHT OF ABODE BY THOSE ON WHOM IT IS CONFERRED BY ARTICLE 24 OF THE BASIC LAW, THEY MAY WELL BY THEMSELVES IN ADJUDICATING A CASE EFFECTIVELY DECLARE THAT LEGISLATION IS INVALID.
THE BRITISH SIDE WOULD BE INTERESTED IN THE CHINESE SIDE'S VIEWS ON THESE POINTS.
FORD
YYYY
ΜΑΙΝ
68
.HK AGREEMENT NATIONALITY
LIMITED
HKD
HD/FED
HD /NTD
HD/CONSULAR D
NEWS D
PUSD
ADDITIONAL
11
HK AGREEMENT NATIONALITY
NNNN
DISTRIBUTION
79
PS
PS/MR GAREL-JONES
PS/LORD CAITHNESS
PS/PUS
MR MCLAREN
MR BURNS
MR BLATHERWICK MISS SPENCER