Text proposed by the BLDC Special Groups
(3) Simon Li's draft:
"The courts of the Hong Kong SAR shall have judicial powers except in relation to the sovereignty of the state, defence or foreign affairs. In respect of such matters, the chief executive shall in accordance with a directive of the CPG, issue a certificate to the Hong Kong SAR's Court. Such a certificate shall be ultimately binding on the courts."
(4) Martin Lee's draft:
"Acts of state shall not be justificable, but the courts of the Hong Kong SAR may determine whether any executive act, including an act done in the conduct of foreign
defence or
affairs, is an act of state. Where any matter is determined by the courts to be of the nature of a fact of state, proof of that matter shall be by way of certificate by the chief executive of the Hong Kong SAR, which shall be binding on the courts of the Hong Kong SAR."
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Our proposed text
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