TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 140

5.

the power to declare void any laws of the SAR which do not affect the power relations between the Central Government and the SAR or which do not encroach on the Central Government's responsibility for defence and foreign affairs but which deal exclusively with Hong Kong's internal affairs. The Standing Committee's powers are in any event confined to the negative power of declaring void; it will not exercise

exercise any positive power of interpretation of the laws enacted by the SAR Government, and there is no general power disallowance of laws by the Standing Committee or the

NPC.

Amendment of the Basic Law

of

Provisions under the Joint Declaration: "The National People's Congress of the People's Republic of China shall enact and promulgate a Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. (hereinafter referred to as the Basic Law) in accordance with the Constitution of the People's Republic of China,

(para 1, Section I, Annex I)

Provisions under the Chinese Constitution: Article 31

"The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions.

Article 62

I

"The National People's Congress exercises the following functions and powers:

(3)

(12)

(13)

to enact and amend basic statutes concerning criminal offences, civil affairs, the state organs and other matters;

to approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government; to decide in

the establishment of special administrative regions and the systems to be

instituted there:"

Article 64

"Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to

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