UNCLASSIFIED
are other examples where the Central Authorities have responsibilities in the JD itself. If autonomy is not subject to supervision, then it is not autonomy, but independence.
18. The exercise of the Central Authorities' responsibility for foreign affairs is analyzed in some detail (204-208). So, too, are its responsibilities for defence (208-213). The paper argues that because of Hong Kong's strategic position, units of the PLA will be stationed in Hong Kong after 1997 and be responsible for defence there. There are also provisions for the SAR calling for the assistance of the garrison under certain circumstances. The paper also discusses the question of legal jurisdiction over military forces stationed in Hong Kong. It concludes that "It is what the country's defence needs and also for manifestation of the country's sovereignty that troops will be sent and stationed in Hong Kong by the Central Authorities. There should be no doubt about this. The purpose of stationing the PLA in Hong Kong is to strengthen the country's coastal defenses and to protect the people against the invasion of external hostile forces. opposition to the stationing of troops is in fact an attempt to alter the Joint Declaration. This of course must not be allowed." (213)
19.
Any
Another (213-217) manifestation of the Central Authorities' exercise of sovereignty is in the appointment of the chief executive and principal officials. The Basic Law provides for the chief executive to be appointed by the CPG after selection by election or through consultations. This means that the CPG has
If it refuses
the power to offer or refuse to offer appointment. to offer appointment, elections or consultations will have to be held all over again, in order to select a new chief executive. Some people have argued that if this occurred this might create antagonism between the Central People's Government and the SAR. The book suggests that this might be avoided if the list of candidates is submitted to the Central People's Government for comment before the election or consultation and that that process was held only after the Central People's Government had indicated that there were no unacceptable candidates.
20. There was some discussion (217-223) of the article dealing with the imposition of states of emergency.
The Basic Law provides that a state of emergency can be declared if the country is in a state of war or where there is turmoil within the SAR which endangers national unity or security and is beyond the control of the government of the region. An example of this is that when there is turmoil or unrest within the SAR caused by serious national disasters, economic crises or other social problems, provided that it does not endanger national unity or security and is not beyond the control of the government of the SAR, it should be resolved by the government of the SAR itself. Further analysis of the question showed that the Governor possessed considerably more emergency powers that the Chief Executive would.
UNCLASSIFIED