TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 94

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(b) considered that a law which had been passed by the SAR legislature contravened the Basic Law, or exceeded its legislative authority; or

of

decision.

(c) considered that the Executive was acting in

contravention of the Basic Law.

In such

circumstances, it is to be expected that the Chinese Government would reserve to itself the

right

It would,

be however,

essential to seek provision for the SAR

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.

the PRC's

regarding policies

It may not be advisable 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 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 unrealistic and unduly rigid. At his press conference on December 21, State Councillor Mr Ji Peng Fei referred to

the

of

resting amendment

with the NPC and the power Standing Committee. This will be a difficult balance to strike. The best arrangement would be for the Basic Law to

provide that any

any future

future amendment which might be needed would be made only after consultation with the Hong Kong legislature, without specifying what the exact procedures

would be.

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