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In this context, the laws pertaining to the proposal of HK under the administration of HK people will be contrac dicting to the constitution.
In the preamble of the PRC's constitution, it is stated: "Since the founding of the People's Republic, Chinese society has been transformed step by step from the new- democratic to socialist. The system of exploitation of man by man has been eliminated and the socialist system securely established".
It is also stated: "Led by the Communist Party of China and guided by Marxism-Leninism and Mao Zedong Thought, the Chinese people will continue to uphold the people's democratic dictatorship and the socialist road...
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If the existing legal system of HK were to be maintained when the territory is under the "administration of HK people", it is bound to be contradicting to the main spirit
and general principles of the PRC's constitution.
In Article 1, it stipulates that "The People's Republic of China is a socialist state of the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants. The socialist system is the basic system of the People's Republic of China. Disrupting the socialist system by any individual and in any form is prohibited".
If the systems of HK were to be maintained unchanged, will people like Fung King-Hey, Li Ka-shing, Sir Y.K. Pao, Michael Sandberg, D.K. Newbigging, W.C.. Brown, Henry Fok, etc. be "disrupting the socialist system"?
It is appreciated that the Peking authorities made a special provision for the establishment of special administra- tive regions, the authority for such coming from the supreme legislature, the National People's Congress. Yet this provision qan in no way be on equal par with the constitution, especially when it is against the main spirit and general principles of the nation's legal system. The National People's Congress would be acting in blatant contradiction to its main function in enacting laws for the special administrative regions.
Circulation to: COM, DC, AC/HQ, SAO/HQ, SLO, SA, PO, CLO,
FCO(Mr Richard Hoare), FILE
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