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WEDNESDAY, JULY 13, 1988
THREE GUIDING PRINCIPLES OUTLINED
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ALL PROVISIONS IN THE BASIC LAW SHOULD COMPLY WITH THE JOINT DECLARATION, WITH ROOM FOR FURTHER DEVELOPMENT AND EXPANSION, AND SHOULD NOT OVER-EMPHASISE CHINA'S SOVEREIGN RIGHT OVER HONG KONG,
SPEAKING IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) DURING THE MOTION DEBATE ON THE DRAFT BASIC LAW, THE HON F.K. HU SAID THESE WERE THE BASIC PRINCIPLES THAT SHOULD BE KEPT IN MIND WHEN CONSIDERING THE DRAFT.
TAKING THESE PRINCIPLES AS A BASIS, MR HU MADE A NUMBER OF SUGGESTIONS ON THE DRAFT.
ON THE PROVISION EMPOWERING THE STANDING COMMITTEE OF THE CHINESE NATIONAL PEOPLE'S CONGRESS то REVOKE LAWS ENACTED BY THE HONG KONG SPECIAL ADMINISTRATIVE REGION, HE SAID THIS PROVISION WOULD GIVE CHINA TOO MUCH OPPORTUNITY TO UNDULY INTERFERE WITH HONG KONG'S AFFAIRS.
FOR THIS PROVISION
"MORE STRINGENT CONDITIONS WILL BE NEEDED TO PROTECT THE HIGH DEGREE OF AUTONOMY OF THE SPECIAL ADMINISTRATIVE REGION, HE SAID.
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BY
MR HU REFERRED TO ARTICLE 17 WHICH STATED THAT LAWS ENACTED THE NATIONAL PEOPLE'S CONGRESS RELATING ΤΟ DEFENCE AND FOREIGN AFFAIRS AS WELL AS "OTHER LAWS WHICH GIVE EXPRESSION ΤΟ NATIONAL UNITY AND TERRITORIAL INTEGRITY" SHOULD BE APPLIED TO THE HK SAR.
HE SAID THIS PROVISION HAD CLEARLY EXCEEDED THE TERMS OF THE JOINT DECLARATION WHICH STATED THAT ONLY MATTERS OF NATIONAL DEFENCE AND FOREIGN AFFAIRS WERE TO BE HANDLED BY THE CENTRAL GOVERNMENT.
REFERRING TO ARTICLE 21, WHICH PROVIDED THAT PEOPLE FROM OTHER PARTS OF CHINA MUST APPLY FOR APPROVAL FOR ENTRY INTO THE SAR, MR [[U NOTED THAT IT DID NOT STATE WHICH AUTHORITY COULD GRANT SUCH APPROVAL.
HE SUGGESTED THAT SUCH POWER BE VESTED WITH THE SAR GOVERNMENT.
MR HU ALSO FELT THAT CHAPTER V OF THE
DRAFT, ON ECONOMY, WAS SAR GOVERNMENT'S
TOO SPECIFIC AND RESTRICTIVE AND WOULD LIMIT THE ROOM FOR MANOEUVRE SO THAT IT WOULD NOT BE ABLE TO TAKE NECESSARY ACTION WHEN REQUIRED.
HE CITED AS AN EXAMPLE THE PROVISION CONCERNING A BALANCED BUDGET. HAVING A BALANCED BUDGET SHOULD BE SUPPORTED, BUT THE DRAFT BASIC LAW WENT TOO FAR IN STIPULATING HOW SUCH A BALANCED BUDGET WAS TO BE ACHIEVED.
"ALL THE