and the composition of the functional constituencies is a matter on which
the Basic Law is silent.
61.
The Governor backtracked a bit or at least modified his
original proposals in his speech last month. Do you think that his new
proposals, his amended proposals, are on safer legal ground than his
original proposals?
(Mr Chamberlain)
No, because I believe that his original proposals
are on safe legal ground. It is essentially a question of political
judgement whether or not the proposals should be modified but so far as the
legal position is concerned, as I have explained, the original proposals
are consistent with the Basic Law and the Joint Declaration.
62.
Interpretation of the Basic Law is the responsibility of the
Standing Committee of the National People's Congress. It is not up to the
British Government to interpret the Basic Law, and, as you said yourself,
the Basic Law has no status whatsoever in international law.
What do you
uncse
say to the suggestion that it is very enlarged from a legal as well as a
political point of view for the Governor to go ahead unilaterally with
proposals on elections which almost certainly after 1997 would be deemed to
be contrary to the Basic Law by the Standing Committee which has
responsibility for interpreting that Basic Law?
(Mr Chamberlain) I cannot comment on what view the Standing
Committee is likely to take, but I would take issue with the suggestion
that the Governor is going ahead unilaterally. What the Governor did in
his speech in October 1992 was to make certain proposals which the British
Government have put forward to the Chinese side for discussion and they are
still under discussion. So I think the question of what will happen if,
does not arise.
63.
Your legal advice to the Governor is that it is much
preferable to try to get agreement with the Chinese Government?
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