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THURSDAY, JULY 14, 1988
"THEREFORE, IF THIS ARTICLE REMAINS AS IT IS, THE RIGHTS OF THE PEOPLE WILL BE JEOPARDISED," HE SAID.
THIRDLY, HE SAID ARTICLE 18 OF THE DRAFT BASIC LAW, WHICH PROVIDED THAT COURTS OF THE SAR SHOULD HAVE NO JURISDICTION OVER CASES RELATING TO DEFENCE AND FOREIGN AFFAIRS AND THE EXECUTIVE ACTS OF THE CENTRAL PEOPLE'S GOVERNMENT, HAD CONTRAVENED PARAGRAPH 2 OF SECTION 3 IN ANNEX I OF THE JOINT DECLARATION.
FOURTHLY, HE SAID, ARTICLE 22, WHICH PROVIDED THAT THE SAR SHOULD PROHIBIT BY LAW ANY ACT DESIGNED TO UNDERMINE NATIONAL UNITY OR SUBVERT THE CENTRAL PEOPLE'S GOVERNMENT, WAS SO WIDE AND SO VAGUE THAT ANY ACTIONS COULD BE CITED UNDER THIS CATEGORY.
DR CHIU ALSO SAID THAT ARTICLE 169 ON THE POWER OF INTERPRETATION VESTED IN THE STANDING COMMITTEE OF THE NFC WOULD LEAD TO CONFLICT WITH THE COMMON LAW SYSTEM.
FURTHERMORE, HE SAID, IT WAS DEEMED NECESSARY VAGUE LANGUAGE OF A NUMBER OF PHRASES IN THE DRAFT.
TO CLARIFY THE
DR CHIU CONCLUDED BY CALLING ON THE BRITISH GOVERNMENT то REFLECT TO CHINA, THROUGH THE MOST EFFECTIVE CHANNEL, THE CONCERNS THAT HE HAD EXPRESSED ON BEHALF OF HIS MEDICAL COLLEAGUES, SO THAT NECESSARY AMENDMENTS WOULD BE MADE.
DETAILED CONSIDERATION MAY CONFUSE 'MAN IN STREET'
THE INTENTION OF THE CHINESE GOVERNMENT IN AGREEING TO DRAFT THE BASIC LAW IS FAR MORE IMPORTANT THAN LEGAL PRECISION IN TIE DOCUMENT, THE HON THOMAS CLYDESDALE SAID IN THE LEGISLATIVE TODAY (THURSDAY).
COUNCIL
MR
LEAVE
SPEAKING IN THE MOTION DEBATE ON THE DRAFT BASIC LAW, CLYDESDALE POINTED OUT THAT WHILE CHINA WAS DOING ITS UTMOST TO HONG KONG AS A POLITICAL, EXECUTIVE-LED, ECONOMICALLY ORIENTED AND SOCIALLY CONSCIOUS ENTITY, IT MUST ALSO HAVE REGARD FOR ITS OWN SOVEREIGN AND CONSTITUTIONAL AUTHORITY AND RIGHTS.
"WE SHALL ARGUE OUT THE LEGAL INTERPRETATION AND EVEN THE POLICY CONTENT OF THE BASIC LAW, BUT IT IS UNREALISTIC ΤΟ EXPECT CHINA TO PROVIDE HONG KONG WITH DE FACTO INDEPENDENCE, HE SAID.
/HE FEARED