TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 141

5.1

5.2

the National

People's

majority vote of more deputies to the Congress.

Congress and adopted by a than two-thirds of all the

Statutes and resolutions are adopted by the majority vote of more than one-half of all the deputies to the National People's Congress."

The following points arise:

It is generally held that since the Basic Law shall be enacted and promulgated by the NPC, it and only it shall have the power to amend the Basic Law.

Who can propose amendments to the Basic Law?

Opinion A

Members note that under the Chinese Constitution, the NPC and the State Council have the right to propose amendments to basic statutes. The by-law of the NPC provides that 30 members of the NPC together can initiate the proposal to amend the basic statutes. Therefore the NPC should have the power to initiate amendment to the Basic Law.

Opinion B

Nevertheless, it was proposed that the SAR Government or the SAR legislature should have the right to initiate proposals for amendments of the Basic Law.

Opinion C

An opposing view to this proposal is that if people of foreign nationals are permitted to sit on the SAR legislature, then they may change a very important law of China.

Opinion D

The Hong Kong delegates to the NPC shall have the sole right to propose amendments to the Basic Law.

Opinion E

Directly elected representatives from Hong Kong shall have the sole right to propose amendments to the Basic

Law.

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