TNAG-1397-FCO40-1869-Future-of-Hong-Kong-Basic-Law-1985 — Page 96

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'Bottom lines' of the Basic Law

The outcome of the controversy over preparations for the setting up of the Basic Law Consultative Committee will also help people learn in advance the final outcome of the dealings between

China and Hong Kong over the issue of Basic Law.

Up to the present, news from Beijing has revealed that some

'bottom lines' on the issue of Basic Law have been drawn by the Beijing

authorities.

1)

The

Amendment of the Constitution : In consideration of

the contradictions between the Basic Law and the

Constitution, many people in Hong Kong suggested that in the course of formulating the Basic Law of Hong Kong, amendment to the Constitution is also required. The setting up of a Special Administrative Region is based on Article 31 of the Constitution:

the state may establish special administrative regions when necessary, and the systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress (NPC) in the light of the specific conditions." possible contradictions may lie in the 'Preamble' of

the Chinese Constitution which lays down the 'Four Insistencies'. Article 1 provides that the socialist

system is the basic system of the country, and Article 5

further states that 'no law or administrative' or local.

statute shall contravene the Constitution, However, it has been repeatedly insisted by the Beijing authorities that there is no need to amend the Constitution when

drafting the Basic Law of Hong Kong. Mr JI Pengfei, Director of Hong Kong and Macau Affairs Office, said to the Hong Kong members of the Drafting Committee, "The

'Four Insistencies' will not be applicable to Hong Kong. The article that bears relation to Hong Kong is Article 31 of the Constitution." Mr WANG Hanbin, Director of the

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