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of the right to make reasonable comments and will not interpret the
Basic Law in a manner unfavourable to Hong Kong. Hong Kong people
should also work according to the Basic Law. If there are interpretations
not favourable to Hong Kong people, Hong Kong people can speak up, but
they cannot say the NPC Standing Committee has no interpretation right.
In late October last year, a number of newspapers in Hong Kong
carried a report on an interview with Zhang Youyu in which he said that
the Basic Law would be drafted by the NPC or State Council; Hong Kong
people could only give comments but would not be allowed to take part
in the drafting work. I asked Prof. Zhang about this matter. He explained that he did not say Hong Kong people could not sit on the drafting committee. His view was what he had just said, that is, the legislative power of the Basic Law rests with the NPC. The Basic Law Drafting Committee is a body set up by the NPC and can be said to be a special committee. Therefore, the membership of the committee has to be decided upon by the NPC. From the jurisprudence point of view, one cannot say that because Hong Kong people have legislative power they must have the right to sit on the committee. Of course, not all the members of the drafting committee set up by the NPC have to be NFC delegates. But in actual fact, Hong Kong people will certainly be allowed to sit on the committee. Now, Hong Kong people not only sit on the committee, but also occupy a large proportion of the seats. There was no need for this arrangement, but such an arrangement was indeed made; this is what makes it so 'special', meaning Hong Kong
"From the jurisprudence point people are given special consideration. of view, (Hong Kong people) have no right, but they are, in fact, allowed to sit on the committee. This is a reconciliation of contradictions."
(The above account has not been read by Professor Zhang. The writer is
responsible for any mistake or inadequacy.)
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