TNAG-1397-FCO40-1869-Future-of-Hong-Kong-Basic-Law-1985 — Page 253

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

- 8-

detailed because in the ever-changing circumstances, too detailed

a provision might not be good. The legal system in China tends

to be simple and clear. Should there be any problem in some

specific areas, special regulations will be enacted as a

supplement. Other than the Constitution, we have the constituent

act of the NPC, the constituent act of the State Council, the

Electoral act and other provisions governing direct elections.

These could be taken as supplements to the Constitution. Some

countries put all these provisions into the Constitution to

make it very bulky. The writings of some countries' constitution

are as long as several hundred thousand words but that of our

Constitution is less than 30,000 words. Basically, the law of

China is more simple and clear. For any inadequacy special

regulations would be made as supplements. This is the area where

we hold different positions from the other countries in legislation.

Two Implications in Article 31 of the Constitution

Q. Another question is about the legal basis of the Basic Law.

Some overseas people hold that viewing from the angle of the

study of constitutions, Article 31 of the 1982 Constitution

does not elaborate enough'. If such provisions as 'Four Insistences' and 'Unification of Legal System' in the Constitution

are also applicable in Hong Kong, the Basic Law would at any time

become a document in violation of the Constitution. They there-

fore suggest that the Constitution should be properly amended. Do you think it is possible?

A.

At a banquet held the year before, reporters from Hong Kong did ask (me) such a question. Thinking that it was a casual talk, (I gave my opinion), but unexpectedly it was reported in news-

papers the following day. People think that there are con- tradictions (between the Basic Law and the Constitution) mainly

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.