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(A) DISAGREED WITH AN INTERPRETATION WHICH HAS BEEN PLACED ON THE BASIC LAW BY THE SAR'S COURTS: OR
(B) CONSIDERED THAT A LAW WHICH HAD BEEN PASSED BY THE SAR LEGISLATURE CONTRAVENED THE BASIC LAW, OR EXCEEDED HITS LEGISLATIVE AUTHORINTY: OR
(C) CONSIDERED THAT THE EXECUTIVE WAS ACTING IN CONTRAVENTION OF THE BASIC LAW. HN SUCH CIRCUMSTANCES, IT IS TO BE EXPECTED THAT THE CHINESE GOVERNMENT WOULD RESERVE TO TSELF THE RIGHT OF DECISION. NT WOULD, HOWEVER, BE ESSENTIMAL TO SEEK PROVISION FOR THE SAR TO BE INVOLVED, OR AT LEAST FOR ITS REPRESENTATIVES TO BE HEARD, BEFORE THE CHINESE GOVERNMENT (MOST PROBABLY IN THE NPC STANDING COMMITTEE ACTING UNDER ARTICLE 67(4) OF THE CHINESE CONSTITUTION) REACHED A
DECISION.
(D) AMENDMENT OF THE BASIC LAW
16. MT MAY NOT BE IN HONG KONG'S INTEREST TO LAY DOWN FROM THE OUTSET SPECIFIC PROCEDURES FOR THE FUTURE REVISION OF THE BASIC LAW: THEY WOULD ONLY FUEL SPECULATION THAT THE BASIC LAW WILL BE CHANGED. ON THE OTHER HAND, AND DESPITE THE PROVISION IN PARAGRAPH 3(12) OF THE JOINT DECLARATION THAT THE PRC'S POLICIES REGARDING HONG KONG WILL REMAIN UNCHANGED FOR 50 YEARS, THE TOTAL ABSENCE OF ANY PROVISION IN THE BASIC LAW CONCERNING ITS AMENDMENT COULD BE REGARDED AS UNREALISTC AND UNDULY RIGID AT HIS PRESS CONFERENCE ON DECEMBER 21, STATE COUNCILLOR PENG FE REFERRED TO THE
NPC AND THE STANDING COMMITTEE.
POWER OF AMENDMENT RESTING WITH THE THIS WILL BE A DIFFICULT BALANCE TO STRIKE. THE BEST ARRANGEMENT FROM HONG KONG'S POINT OF VIEW #S FOR THE BASIC LAW TO PROVIDE THAT ANY FUTURE AMENDMENT WHICH MIGHT BE NEEDED WOULD BE MADE ONLY
WITHOUT AFTER CONSULTATION WITH THE HONG KONG LEGISLATURE, SPECIFYING WHAT THE EXACT PROCEDURES WOULD BE.
OTHER SSUES.
17. APART FROM THE KEY HSSUES DEALT WITH N PARAGRAPHS 1 TO 16 ABOVE, THERE ARE A NUMBER OF OTHER GAPS IN THE JOINT DECLARATION WHICH WOULD NEED TO BE FILLED, AND PROBABLY WILL IN ANY CASE BE FILLED, BY THE BASIC LAW. A LIST OF THE SUBJECTS IS AT ANNEX A TOGETHER WITH SUGGESTIONS ON THEM
FORMAT OF THE BASIC LAW
18. ONE OF THE FIRST TASKS OF THE BLDC AT ITS SECOND MEETING UN APRIL WILL BE TO DECIDE ON THE FORMAT (OR STRUCTURE) OF THE BASIC LAW, .E. HOW ITS CHAPTERS, SECTIONS AND PARAGRAPHS SHOULD BE ARRANGES
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