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Government's response on "act of state"
In answer to media enquiries on remarks attributed to Sir S.Y.Chung that the NPC's decision to form the provisional legislature is an "act of state" which would fall outside the jurisdiction of the SAR courts, a Government spokesman responded as follows:
"The comments of Sir S.Y. Chung are a cause of great concern. They suggest that all the guarantees written into the Basic Law can be overridden by decisions of the NPC, and that the courts of the HKSAR would be powerless to question the legality of such decisions. If this were true, it would be a devastating blow to the concept of one country, two systems; to the rule of law; and to confidence in Hong Kong's future.
"As a general rule, it will be the courts of the HKSAR which will determine whether an act is or is not an act of state.
"Under the common law, 'acts of state' refer to certain acts of the Executive. A legislative act by a legislative assembly, such as the NPC, would not be an act of state.
"It is deeply disturbing that such a senior and influential figure in the future executive branch of the SAR Government should be making public statements about the work of the judicial branch which could have the effect of undermining the rule of law in the territory after June 30, 1997. This looks like an attempt to lay down the law as to what the courts of the SAR can or cannot deal with after July 1, 1997.
"Comments of this kind risk damaging confidence in Hong Kong at a time when those in responsible positions should be doing their best to provide reassurance about the fundamentals guaranteed in the Joint Declaration and the Basic Law."
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Voluntary inspection scheme for buildings under 20 years
The Buildings Department will introduce a voluntary inspection scheme for buildings under 20 years old in mid-April to promote their preventive maintenance, the Director of Buildings, Dr Choi Yu-leuk, said today (Thursday).
Speaking at a press conference, Dr Choi said this was part of a proposed Building Safety Inspection Scheme endorsed by the Governor-in-Council for public consultation.