TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 204

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Text proposed by the BLDC Special Groups

are

is

If any of the above-stated laws which applicable to the Hong Kong SAR inappropriate for the practical situation of the Hong Kong

SAR,

the chief

chief executive of the Hong Kong SAR may seek permission from the NPC Standing Committee to modify its implementation or cease to implement it. The legislature or the executive authority of the Hong Kong SAR may also enact supplementary legislation or implementation details in respect of the implementation of the above-stated laws in accordance with the practical situation of the Hong Kong SAR."

(3) Cha Chiming's formula:

"The Hong Kong SAR shall, in accordance with a notice by the CPG in regard to a law relating to the sovereignty of the state, the security of the state, defence or foreign affairs, enact comparable law in the Hong Kong SAR in accordance with legal procedures and the practical situation in Hong Kong.

The courts of Hong Kong shall have no power to adjudicate on an act of state done in times of a state of emergency. As regards the definition of an act of state as above-stated, the courts of Hong Kong should seek the views of the cpg through the chief executive. Such views, when endorsed by the chief executive, shall be binding on the SAR's courts."

SECRET

9

Our proposed text

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