THE BASIC LAW
3
Two drafts of the Basic Law were made available for public consultation
and many bodies, including the Law Society of Hong Kong, of which I was
then President, commented on its various provisions. Some of our
suggestions were adopted, but unfortunately some of the more important
ones were not. For example: -
The power of interpretation of the Basic Law concerning the
relationship between the Central People's Government and Hong Kong is
vested in the Standing Committee of the National People's Congress
rather than in the courts of Hong Kong. This is contrary to the
common law principle that laws should be interpreted by the courts
and not by an executive organ of Government.
Only in China's
socialist system is the law interpreted by the People's Congress and
not by the courts. The Basic Law in effect extends this socialist
practice into Hong Kong, This will be an erosion of Hong Kong's
right to exercise independent judicial power provided for in the
Joint Declaration.
The Basic Law provides for the Chief Executive to be chosen by an
Election Committee, all of whose members would be appointed by the
Central People's Government. Although these members are to be
selected in accordance with an electoral law to be enacted by the
HKSAR on the principles of democracy and openness, the requirement
that they be appointed by the Central People's Government gives