TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 46

THE

15. THIS SUBJECT WAS EXTENSIVELY DISCUSSED AT THE MEETING. MAJORITY VIEW WAS THAT : (1) WITH A FEW EXCEPTIONS, CHINESE STATUTES IN GENERAL SHOULD NOT APPLY IN HK, AND (11) THERE SHOULD BE A SPECIFIC APPLICATION PROCEDURE. NO AGREEMENT WAS REACHED ON DETAILS OF THE APPLICATION PROCEDURE. THE ISSUE HAS BEEN REFERRED TO THE BLDC SPECIAL GROUP ON CPG/SAR RELATIONSHIP FOR FURTHER

STUDY.

16. CHINESE MEMBER LI HOU SAID THAT ONLY A VERY SMALL NUMBER OF CHINESE STATUTES WOULD APPLY IN THE SAR. PERSONALLY, HE WAS IN FAVOUR OF PROPOSAL 2 IN ARTICLE 5 OF CHAPTER II (1.E. THE DIRECTIVE OPTION). HE ASSUED THAT CHINESE DRAFTERS WOULD NOT FORCE THEIR VIEWS ON THEIR HK COUNTERPARTS.

17. LU PING CONCURRED THAT THERE SHOULD BE A SET OF APPLICATION PROCEDURES AND THAT SUCH APPLICATIONS WOULD BE RARE. HE PERSONALLY FELT THAT THE SCOPE OF APPLICATION SHOULD BE CLEARLY DELINEATED BEFORE DETAILING THE PROCEDURE AND CONDITIONS UNDER WHICH CHINESE STATUTES COULD BE APPLIED. HE SAID THAT A LIST OF THE APPLICABLE STATUTES COULD BE WORKED OUT. HE EMPHASISED THAT LAWS WITHIN THE REMIT OF THE RESPONSIBILITIES OF THE CPG HAD TO BE ENACTED BY THE CENTRAL GOVERNMENT AND NOT THE SARG.

13. ANOTHER CHINESE MEMBER RUI MU SAID THAT SINCE THE SAR WOULD HAVE LEGISLATIVE POWERS, THE CENTRAL GOVERNMENT SHOULD REFRAIN FROM ENACTING LAWS FOR THE SAR AS FAR AS POSSIBLE. HE SUGGESTED THAT A COMMITTEE BE SET UP UNDER THE NPC OR ITS STANDING COMMITTEE TO DEAL WITH LEGAL MATTERS INVOLVING BOTH THE CPG AND THE SAR E.G. THE APPLICATION OF CHINESE STATUTES IN THE SAR. HE ALSO TOOK THE VIEW THAT THE QUESTION OF THE SAR'S LEGISLATIVE POWER SHOULD BE DEALT WITH IN CHAPTER I (GENERAL PRINCIPLES) AND NOT IN CHAPTER 11.

FOREIGN 19. WU JIANFAN SAID THAT CHINESE STATUTES REGARDING DEFENCE, AFFAIRS, AND MATTERS OUTSIDE THE SAR'S LIMIT OF AUTONOMY AND WHICH HAD TO BE DEALT WITH BY THE CPG SHOULD APPLY IN THE SAR. HOWEVER, NOT ALL THE STATUTES WITHIN THIS DEFINITION WOULD APPLY IN THE SAR, E.G. THE LAW ON CONSCRIPTION WOULD NOT APPLY IN THE HK SAR SINCE THE SAR WOULD NOT PRACTISE CONSCRIPTION. WU SAID THAT THE BLS SHOULD SET OUT THE SCOPE OF THOSE CHINESE STATUTES THAT MIGHT NEED TO APPLY IN THE SAR. BUT HE ENVISAGED DIFFICULTIES IN WORKING OUT A LIST OF ALL APPLICABLE STATUTES.

20. AS REGARDS THE APPLICATION PROCEDURES, WU JANFAN SAID THAT THE STATE COUNCIL SHOULD ISSUE DIRECTIVES TO THE SAR'S CHIEF EXECUTIVE FOR SUCH CHINESE STATUTES TO BE APPLIED IN THE SAR. THE CHIEF EXECUTIVE SHOULD BE ALLOWED TO APPLY THE STATUTES FLEXIBLY OR TO CEASE IMPLEMENTING THEM, WITH THE APPROVAL OF THE STATE COUNCIL. THE NPC STANDING COMMITTEE WOULD, UPON THE ADVICE OF A BL COMMITTEE COMPRISING HK AND CHINESE MEMBERS, RESOLVE DISPUTES BETWEEN THE CPG AND THE HK SAR IN RESPECT OF SUCH MATTERS.

PART TWO OF THREE

BANGKOK FOR SECRETARY OF STATE'S PARTY

RESTRICTED

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