2
out of 59 members, 23 (almost 2/5) are from Hong Kong and they represent
people from nearly all sectors. The committee can, therefore, serve to
reflect public opinion in Hong Kong. Hong Kong people should realize
that with 23 members on the drafting committee, they have already been
given special consideration. One can hardly expect the reverse, with
Họng Kong members being in the majority, in which case the NPC Standing
Committee will become useless. Legally speaking, this is the only way.
More important still, we must believe that the Central government will not go against the twelve basic policies which it had laid down for Hong Kong.
On the question of future provisions regarding the interpretation right of the Basic Law which Hong Kong people are most concerned about, Prof. Zhang pointed out that China's political system is different from the system which provides for the independence of legislative, executive and judicial. powers. In the latter case, legislative power is separate from interpretation power. If the judiciary's interpretation of the law is different from that of the legislature, the legislature can amend the law and veto the judgement made by the judiciary. In China, the principle is that laws enacted by the legislature are interpreted by the legislative. The 'one country, two systems' concept is also different from a federal system. The basic law of a federation is interpreted by the federation. But China is a country which adopts a unitary system. Thus, Hong Kong's Basic Law which is passed by the National People's Congress, should, according to the Chinese constitution, This general principle will be interpreted by the NPC Standing Committee. not change. As for the proposal by some people in Hong Kong that for matters relating to the territory's internal administration but which have nothing to do with sovereignty, the local judicature should have the right of interpretation, Prof. Zhang remarked that seen in the light of the NFC Standing Committee's two resolutions on interpretation right, such a proposal can be considered, but more detailed study would be needed.
Prof. Zhang went on to say that under the Basic Law which embodies the 'one country, two systems' principle, the Hong Kong Special Administrative Region already enjoys high autonomy. Generally speaking, the Central government will respect the wishes of Hong Kong people; it will not deprive Hong Kong people
/.....
No comments yet.
Private notes are available after approval.