Text proposed by the BLDC Special Groups
(5) Miss Liu Yiu-chu's draft:
"The courts of the Hong Kong SAR shall not adjudicate on an act of state. If any party [ to a litigation] raises any matter
matter which may concern an act of state or a fact of state, the courts shall seek a certificate from the chief executive of the Hong Kong SAR. A certificate by the chief executive of the Hong Kong SAR shall be binding on the courts. The chief
chief executive shall, before he issues such a certificate, obtain a certificate from the NPC
NPC Standing Committee or the State Council, if the NPC Standing Committee or the State Council certifies that the matter concerns an act of state or a fact of state, the chief executive of the Hong Kong SAR shall, in accordance with the certificate issued by the NPC Standing Committee or the State Council, issue a certificate to the Hong Kong SAR'S
Kong SAR's court. If the NPC Standing Committee or the State Council certifies that the matter does not concern an executive act of the NPC Standing Committee or the State Council (act of state or fact of state, including acts or facts relating to foreign and defence affairs), the chief executive of the Hong Kong SAR may in accordance with the practical situation determine the content of the certificate he issues to the Hong Kong SAR's courts."
SECRET
25
Our proposed text
No comments yet.
Private notes are available after approval.