TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 24

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12. MING PAO SAID THAT ACCORDING TO REPORTS, THE CONSENSUS OF THE BLDC SPECIAL GROUP ON POLITICAL SYSTEM WAS FOR SEPARATION OF

POWERS WITH MUTUAL CHECKS AND BALANCES. IT COMMENTED THAT SEPARATION

OF POWERS WAS ONE METHOD, BUT BY NO MEANS THE ONLY METHOD TO GUARD AGAINST ABSOLUTE POWER.

13. TIN TIN DAILY NEWS SUGGESTED THAT A SPECIAL TRIBUNAL BE

ESTABLISHED TO ADJUDICATE ON CASES RELATING TO THE EXPRESSION OF POLITICAL VIEWS SO AS TO SAFEGUARD THE FREEDOMS AND RIGHTS OF SAR RESIDENTS. ON THE DESIGN OF THE SAR FLAG AND EMBLEM, THE PAPER FELT THAT IT WOULD BE MORE APPROPRIATE IF THE WORK COULD BE CO-

ORDINATED BY CHINA AND THAT THE OFFICIAL FLAG AND EMBLEM COULD BE

PRESENTED TO THE SAR BY CHINA. IN A SEPARATE ARTICLE, THE PAPER SAID THAT EVEN A MEMBER STATE OF A FEDERAL GOVERNMENT HAD TO

ABIDE BY NATIONAL LAWS. THEREFORE, THE SAR SHOULD WORK OUT AN ARRANGEMENT TO ENSURE CO-ORDINATION BETWEEN SAR LAWS AND NATIONAL

LAWS.

14.

IN A SERIES OF ARTICLES, TA KUNG PAO EXAMINED WHETHER SAR PERMANENT RESIDENTS OF FOREIGN NATIONALITY SHOULD HAVE POLITICAL

RIGHTS. THE ARTICLES SAID THAT THIS ISSUE WAS NOT ADDRESSED IN THE

JD. BUT THE LATEST PROGRESS REPORTS OF THE BLDC SPECIAL GROUPS ON CPG/SAR RELATIONSHIP AND ON RIGHTS AND OBLIGATIONS OF SAR RESIDENTS TOOK A ''POSITIVE VIEW''. MAINLAND MEMBERS WHO HAD SPOKEN ON THIS ISSUE WERE IN FAVOUR OF GIVING FOREIGN NATIONAL THE RIGHT TO VOTE. THE ARTICLES SAID THAT THE SAR LEGISLATURE WOULD BE DEALING WITH MOSTLY LOCAL LEGISLATION, WHEREAS DEFENCE AND FOREIGN AFFAIRS WOULD BE THE CESPONSIBILITIES OF THE CPG. FOREIGN NATIONALS WOULD SIT ON THE SAR LEGISLATURE IN THEIR PERSONAL CAPACITIES AND SHOULD DEFEND THE INTERESTS OF HK. IN RESPECT OF DEFENCE AND FOREIGN AFFAIRS, THE SAR SHOULD FOLLOW THE DECISIONS OF THE CPG. THUS, THERE WOULD NOT NECESSARILY BE A CONFLICT OF LOYALTY. THE ARTICLES ALSO SAID THAT IT WOULD BE BENEFICIAL TO ALLOW FOREIGN NATIONALS WHO WERE HK PERMANENT RESIDENTS TO PARTICIPATE IN THE MANAGEMENT OF LOCAL AFFAIRS AND, JUDGING BY THE PROPORTION IN THE OVERALL POPULATION, THEY WERE NOT LIKELY TO BECOME AMAJORITY IN THE SAR LEGISLATURE. HOWEVER, AS REGARDS MANAGEMENT OF NATIONAL AFFAIRS, ONLY CHINESE NATIONALS COULD BECOME HK DEPUTIES TO THE NPC.

15.

FIVE ARTICLES COMMENTED ON THE USE OF THE TERM ''NEW

TERRITORIES'' IN THE PREAMBLE. WEN WEI PO SAID THAT FROM THE

PERSPECTIVE OF SOVEREIGNTY, COLONIAL VESTIGES SHOULD BE REMOVED.

BUT THIS DID NOT MEAN THAT PLACE NAMES SHOULD ALSO BE CHANGED.

THE TERM 'NEW TERRITORIES'' WAS USED IN THE LAWS OF HK AND IN

LAND LEASES. IN ORDER TO MAINTAIN CONFIDENCE AND STABILITY, THE MATTER SHOULD BE HANDLED FLEXIBLY : HASTY CHANGES SHOULD BE

AVOIDED. IT WOULD BE UNDERSTANDABLE IF THE BL WERE TO ADOPT THE

JD LANGUAGE, I.E. 'HK, INCLUDING HK ISLAND, KOWLOON AND THE 'NEW TERRITORIES''. IT WOULD ALSO BE POSSIBLE TO SHOW THE BOUNDARY OF

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