WEDNESDAY, APRIL 4, 1990
45
"I SAY THIS BECAUSE IF THE COURTS OF THE HKSAR NEED ΤΟ INTERPRET THE BASIC LAW CONCERNING AFFAIRS WHICH ARE THE RESPONSIBILITY OF THE CENTRAL PEOPLE'S GOVERNMENT OR THE VAGUE CONCEPT OF THE RELATIONSHIP BETWEEN THE CENTRAL AUTHORITIES AND THE HKSAR, AN INTERPRETATION OF THE RELEVANT PROVISION FROM THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS BECOMES NECESSARY AND THE HKSAR COURTS ARE BOUND BY SUCH INTERPRETATION.
"IS THIS THE BASIS OF AN INDEPENDENT JUDICIARY WITH POWERS OF FINAL ADJUDICATION?" HE SAID.
MR ARCULLI NOTED THAT THE ARTICLES IN THE INTRODUCED THE GREATEST CONCERN AND UNCERTAINTY APPLICABLE TO THE HKSAR WERE ARTICLES 159 AND 160.
BASIC LAW THAT AS TO THE LAW
ARTICLE 159 STATED THAT THE POWER TO AMEND THE BASIC LAW VESTED IN THE NATIONAL PEOPLE'S CONGRESS AND ARTICLE 160 ATTEMPTED TO ADOPT ALL THE LAWS PREVIOUSLY IN FORCE IN HONG KONG EXCEPT THOSE DECLARED BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS TO BE INCONSISTENT TO THE BASIC LAW.
MR ARCULLI ASKED: "WITH THE POWER OF INTERPRETATION AND THE POWER OF AMENDMENT VESTED IN THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS CAN WE SAY WITHOUT A REASONABLE DOUBT THAT THE LAWS PREVIOUSLY IN FORCE IN HONG KONG WILL CONTINUE TO APPLY AFTER 1997? D'D THE JOINT DECLARATION ENVISAGE THIS TO BE THE SITUATION?"
HE SAID THERE MIGHT BE NO SATISFACTORY ANSWERS то THE QUESTIONS BUT IF THE CONCEPT OF "ONE COUNTRY, TWO SYSTEMS" WAS ΤΟ SUCCEED, THE BRITISH AND CHINESE GOVERNMENTS WOULD NEED TO FIND APPROPRIATE SOLUTIONS.
CALL TO RECONSIDER OMELCO CONSENSUS
CHINA SHOULD RESCIND THE UNREASONABLE CLAUSES IN THE BASIC LAW AND RECONSIDER THE OMELCO RECOMMENDATIONS ON THE FUTURE POLITICAL SYSTEM FOR HONG KONG, DR THE HON LEONG CHE-HUNG, SAID TODAY (WEDNESDAY).
SUPPORTING THE MOTION ON THE BASIC LAW DEBATE IN THE LEGISLATIVE COUNCIL, DR LEONG POINTED OUT THAT THERE WERE THREE CONTROVERSIAL AREAS IN THE BASIC LAW THE RELATIONSHIP BETWEEN THE LEGISLATURE AND THE EXECUTIVE AUTHORITIES, THE NATIONALITY ISSUE AND THE BILL OF RIGHTS,
DR LEONG WAS CONCERNED THAT THE ENDORSED BASIC LAW WOULD TURN THE LEGISLATURE INTO A MERE CONSULTATIVE BODY AND WOULD CREATE CLASHES BETWEEN THE LEGISLATURE AND THE EXECUTIVE AUTHORITIES.
/HE ENVISAGED