TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 250

ELABORATIONS ON THE SOCIAL, CULTURAL AND OTHER SYSTEMS TO BE

PRACTISED IN THE HONG KONG SAR.

THIS STRUCTURE CLEARLY PESEMBLES THAT OF THE PRC CONSTITUTION AND THE LAW OF REGIONAL AUTONOMY FOP MINORITY NATIONALITIES OF THE PRC.

THERE SHOULD BE NO DIFFICULTY FITTING INTO IT THE PROVISIONS OF THE JOINT DECLARATION AND PROVISIONS ON THE ISSUES DISCUSSED IN

PARAGRAPHS 1 TO 16 ABOVE IN RELATION TO THE JOINT DECLARATION. PRESENTATIONALLY, HOWEVER, IT WOULD BE DESIRABLE IF THE STRUCTURE IS NOT FOLLOWED SO CLOSELY AS TO GIVE THE IMPRESSION THAT THE HONG

KONG SAR IS NO DIFFERENT FROM CHINA'S AUTONOMOUS REGIONS.

18. THE JOINT DECLARATHON WAS DRAFTED IN LANGUAGE WHICH, WHILE

APPROPRIATE TO A TEXT AGREED BETWEEN THE TWO GOVERNMENTS, WAS ALSO

FAMILIAR IN HONG KONG. IT WILL BE IMPORTANT FOR THE BASIC LAW, IN

IMPLEMENTING THE JOINT DECLARATION, TO BE COUCHED IN LANGUAGE WHICH IS FAMILIAR, UNDERSTANDABLE IN HONG KONG AND INTERPRETABLE IN TERMS OF HONG KONG'S ECONOMIC, SOCIAL AND LEGAL SYSTEMS. IN

ACCORDANCE WITH THE PROVISION THAT ENGLISH MAY ALSO BE USED IN

ORGANS OF GOVERNMENT AND IN THE COURTS OF THE SAR (SECTION ANNEX TO THE JOINT DECLARATION), THE BASIC LAW WOULD NEED TO BE PRODUCED IN BOTH CHINESE AND ENGLISH, WITH EQUAL AUTHORITY IN EACH

LANGUAGE.

OTHER ISSUES.

OF

19. APART FROM THE KEY HSSUES DEALT WITH IN PARAGRAPHS 1 TO 18

ABOVE, THERE ARE A NUMBER OF OTHER MATTERS NOT DEALT WITH,

OR NOT FULLY DEALT WITH IN THE JOINT DECLARATION WHICH WOULD NEED TO

BE DEALT WITH BY THE BASIC LAW. A LIST OF THE SUBJECTS IS AT ANNEX

A TOGETHER WITH SUGGESTIONS ON THEM.

ANNEX.

THE FOLLOWING POINTS ARE NOT SPECIFICALLY OR NOT FULLY, COVERED

IN ANNEX * TO THE JOINT DECLARATION: BUT WILL NEED TO BE COVERED IN

ORDER TO CLARIFY POINTS IN IT OR RELATED ISSUES WHICH HAVE BEEN

RAISED IN HONG KONG.

SUBJECT

CONSTITUTIONAL ARRANGEMENTS

1. AUTONOMY OF SAR

POSSIBLE OPTIONS

SPECIFY POWERS RESERVED TO CPG,

WITH BALANCE VESTED IN SARG.

2. POWERS FOR SAR LEGISLATURE

TO MAKE LAWS WITH EXTRA-

TERRITORIAL EFFECT, AND TO

DELEGATE AUTHORITY FOR .

MAKING SUBSIDIARY LEGISLATION.

SUCH POWERS SHOULD BE PROVIDED IN

THE BASIC LAW.

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