XN000022-1988-07-13 — Page 7

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WEDNESDAY, JULY 13, 1988

ON THE ARTICLE REGARDING JUDICIAL POWER, MR WONG SAID MEMBERS THE CONCEPT OF "EXECUTIVE ACTS OF THE CENTRAL PEOPLE'S GOVERNMENT" AMBIGUOUS.

FOUND

THEY WERE OF THE VIEW THAT THE EXISTING SYSTEM WHEREBY THE PEOPLE COULD TAKE THE GOVERNMENT BOTH LOCAL (HONG KONG) AND CENTRAL (BRITAIN NOW, BUT CHINA AFTER 1997) TO THE COURTS ON ALL MATTERS, INCLUDING DEFENCE AND FOREIGN AFFAIRS, SHOULD BE MAINTAINED.

THEY CONSIDERED AS SUFFICIENT THE EXISTING SYSTEM OF LEAVING IT TO THE COURTS TO DETERMINE IN THE TRIAL WHETHER OR NOT "ACTS OF STATE" OR "FACTS OF STATE" WERE INVOLVED AND ΤΟ TAKE APPROPRIATE ACTION.

ON THE POWER TO INTERPRET THE BASIC LAW. MR WONG REFLECTED

MEMBERS' VIEW THAT THIS POWER COULD BE DELEGATED TO THE COURTS OF THE HONG KONG SAR.

ALTERNATIVELY, AND AS A MINIMUM, MEMBERS CONSIDERED THAT THE SAR COURTS SHOULD BE EMPOWERED TO INTERPRET ALL THE PROVISIONS IN THE LAW WITHOUT PREJUDICING THE POWER OF INTERPRETATION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON MATTERS WHICH FELL OUTSIDE THE LIMITS OF THE SAR'S HIGH DEGREE OF AUTONOMY, AND THAT INTERPRETATIONS MADE WOULD BE BINDING ON THE COURTS.

BUT CASES UNDER ADJUDICATION AND JUDGEMENTS PREVIOUSLY RENDERED SHOULD NOT BE AFFECTED.

ON THE QUESTION OF AMENDING THE BASIC LAW, MR WONG SAID MEMBERS FELT THAT THE RIGHT TO PROPOSE AMENDMENTS SHOULD BE RESTRICTED ΤΟ THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS AND THE LONG KONG SAR'S CHIEF EXECUTIVE AND LEGISLATURE.

THEY SUGGESTED THAT THE RELEVANT ARTICLE SHOULD BE REDRAFTED TO PRODUCE THE DESIRED EFFECT.

MEMBERS WERE OF THE VIEW THAT DEPUTIES FROM THE SAR IN THE NATIONAL PEOPLE'S CONGRESS SHOULD NOT DEVELOP INTO AN ORGAN OF POWER, AND THAT PROVISIONS OUGHT TO BE MADE IN THE BASIC LAW GOVERNING THE COMPOSITION AND FUNCTIONS OF THE BASIC LAW COMMITTEE.

IT ON

THE FIFTH ASPECT CONCERNED CIVIL RIGHTS. MEMBERS EELT THAT CHAPTER TIT REQUIRED DRASTIC REDRAFTING TO MODEL

THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND/OR TO AT LEAST PROVIDE THAT THE COVENANT COULD BE ENFORCED.

THE ECONOMIC

THE SIXTH ASPECT TOUCHED ON THE PRESERVATION OF AND SOCIAL SYSTEMS.

MEMBERS FELT STRONGLY SYSTEMS SHOULD NOT BE AT DEVELOPMENT.

THE

THAT PRESERVATION OF THE EXISTING EXPENSE OF CONTINUED EVOLUTION AND

/THEY NOTICED