CODE RAD
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Mr Bunten HKD
HKC 012/1
012/1
SEMINAR ON THE BASIC LAW
1982
Reference.
Jee on
41
mus Brooks regal Adules with folic (4.
Any comments?
A Binta
2655
"
1. You asked for comments on the Hong Kong Law Officer's report on a seminar on the Basic Law. It is helpful to have reports of this nature and I hope Hong Kong can be encouraged to continue to send them.
2.
I agree with your marginal comment on BL 26. It clearly makes sense for the Chinese to be preparing subsidiary legislation on the election of NPC delegates (BL 21). At present the Hong Kong contingent is part of the delegation elected by Guangdong province. The elections at this level (for delegates to the NPC) are not direct and are conducted by the Provincial People's Congress concerned. The delegates so elected do not have to delegates to the provincial People's Congress and are not required to have been through any form of direct or indirect election previously (ie complete outsiders can be brought in at this stage). BL 21 specifically provides the selection/election method for Hong Kong's NPC delegates to be specified by the National People's Congress. BL 26 is related to this in that it deals with the qualifications of voters (and this point would presumably have to be covered in the NPC's specification). However I can see why Hong Kong should look a bit askance at this. They, and we, would not want elections being conducted openly in Hong Kong for Chinese bodies and under Chinese established rules before 1997. Secondly it is presumably for the Hong Kong SAR to give legal form to BL 26 in terms of the qualifications of voters as part of the exercise of its legislative functions under BL 73. However this would only apply to the Hong Kong SAR and presumably the SAR would not have the power to legislate for the qualifications of voters to National elections.
3.
As regards BL 22, the point at issue is presumably 22 (4) "For entry into the Hong Kong SAR people from other parts of China must apply for approval. Among them the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the Central People's Government, after consulting the the government of the Region". The Chinese would be justified in setting up mechanisms to decide how, and by what process, this determination is made. JD 165 "Entry into the Hong Kong SAR of persons from other parts of China shall continue to be regulated in accordance with present practice" is also relevant
here.
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