XN000022-1988-07-14 — Page 6

THURSDAY, JULY 14, 1988

5

DRAFT BASIC LAW LIMITS HIGH DEGREE OF AUTONOMY

MEDICAL PROFESSIONALS HAVE CONSIDERED SOME AREAS OF BASIC LAW AMBIGUOUS, CONTRADICTORY AND NOT CONSISTENT WITH

CHIU HIN-KWONG DECLARATION, DR THE COUNCIL TODAY (THURSDAY).

HON

SAID

THE IN

THE DRAFT THE JOINT

LEGISLATIVE

A

DR CHIU WAS THE FIRST SPEAKER ON THE SECOND DAY OF DEBATE ON

THE MOTION THAT THE COUNCIL TAKE NOTE OF THE DRAFT BASIC LAW AND URGE

ON IT. PEOPLE OF HONG KONG TO STUDY THE DRAFT AND EXPRESS THEIR VIEWS

BASIC LAW WAS ΤΟ HE SAID THE MAIN PURPOSE OF DEVELOPING THE

JOINT DECLARATION TRULY AND HONESTLY TRANSLATE THE PROVISIONS OF THE

HONG KONG SPECIAL ADMINISTRATIVE INTO LAW SO AS TO ENSURE THAT THE REGION GOVERNMENT WOULD HAVE A LEGAL MANDATE TO SEE THAT THE OF THE JOINT DECLARATION MATERIALISED.

PROMISES

JOINT DECLARATION HAD DEGREE OF LEGISLATURE"

HOWEVER, HE SAID, THE PRINCIPLE OF THE NOT BEEN REALISED BY THE DRAFT, ALTHOUGH THE PHRASES "HIGH AUTONOMY" "INDEPENDENT JUDICIAL POWER" AND "INDEPENDENT APPEARED REPEATEDLY THROUGHOUT THE DOCUMENT.

LAW.

SET

EXISTING

FOR THIS REASON, HE SAID, SOME PEOPLE FELT THAT THE BAS [C EVEN IN ITS DRAFTING STAGE, HAD TURNED INTO A POLICY GUIDELINE TO

THE HAMPER TO A LIMIT

OF AUTONOMY”, THE

DEGREE "HIGH INDEPENDENT JUDICIAL SYSTEM AND EXERCISE POLITICAL CONTROL.

BASIC LAW THAT WRRE DR CHIU LISTED THOSE AREAS IN THE DRAFT CONSIDERED TO BE INCONSISTENT WITH THE JOINT DECLARATION.

CONGRESS

REVOKE

WHICH EMPOWERED ΤΟ

LAWS

THE

NPC CONSIDERED

16, FIRSTLY, HE SAID, PARAGRAPH 3 OF ARTICLE

STANDING COMMITTEE THE NATIONAL PEOPLE'S DEVELOPED AND PASSED BY THE SAR LEGISLATURE, THAT THE TO BE NOT IN CONFORMITY WITH THE BASIC LAW, NOT ONLY CONTRADICTED

THE SAR LEGISLATURE SPIRIT OF COMMON LAW PRACTICE BUT ALSO DEPRIVED OF ITS LEGISLATIVE POWER.

THE SECOND AREA CONCERNED PARAGRAPHS 2 TO 4 OF ARTICLE 17 WHICH ALLOWED THE LAW THAT GAVE EXPRESSION TO NATIONAL UNITY AND TERRITORIAL BE APPLIED IN INTEGRITY ENACTED BY NPC OR ITS STANDING COMMITTEE TO THE SAR.

PROVISION

WENT AGAINST

THE PROVISION OF

DR CHIU SAID THAT ANNEX II OF THE JOINT DECLARATION.

THE LAWS ΤΟ "AS THERE IS NO CLEAR INDICATION OF THE SCOPE OF

AND DIRECTLY AS CAN BE INTERPRETED HERE,

LAWS ANY APPLIED INDIRECTLY RELATING TO 'NATIONAL UNITY AND TERRITORIAL INTEGRITY'.

BE

"THEREFORE, IF