TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 47

21. MARIA TAM SAID THAT BEFORE THE SCOPE OF THE APPLICABLE CHINESE STATUTES WAS CLEARLY DEFINED, NO DECISION ABOUT THEIR APPLICATION IN THE SAR SHOULD BE MADE. MEMBERS OF HER SUB-GROUP HAD EXPRESSED TWO VIEWS ON THE SCOPE OF THE APPLICABLE STATUTES :

(1)

ONLY THOSE STATUTES RELATING TO FOREIGN AND DEFENCE MATTERS, AND

(11) IN ADDITION TO (1) ABOVE, THOSE STATUTES WHICH DID NOT AFFECT THE SAR'S HIGH DEGREE OF AUTONOMY.

22. MARTIN LEE SAID THAT CHINESE STATUTES WHICH WERE APPLICABLE IN THE SAR SHOULD BE CONFINED TO THE FIELD OF FOREIGN AND DEFENCE MATTERS. IN ADDITION, THEY MIGHT ONLY APPLY IN THE SAR WITH THE AGREEMENT OF THE SAR LEGISLATURE AND HAVING UNDERGONE LOCAL

LEGISLATIVE PROCEDURES.

23. SZETO WAH SAID THAT REGARDING THOSE CHINESE STATUTES WHICH NEED TO BE APPLIED IN THE SAR AND WHICH DID NOT CONTRAVENE THE BL, THE CPG MIGHT ISSUE DIRECTIVES TO THE SAR FOR CORRESPONDING LAWS

TO BE ENACTED BY THE SAR LEGISLATURE.

240

RAYSON HUANG, CONVENOR OF THE SECOND DISCUSSION GROUP, QUOTED A MAINLAND LEGAL EXPERT, XIANG CHUNYI, AS SAYING THAT APART FROM THE LAW ON THE PRC'S FLAG AND EMBLEM, THE ORDINANCE ON THE NATIONAL DAY, THE LAW ON THE PROCLAMATION ON TERRITORIAL WATERS, THE LAW ON THE INVESTITURE OF STATE HONOURS, THE NATIONALITY LAW, THE ELECT- ORAL LAW ON NPC DEPUTIES, THE MILITARY CODE, THE LAW ON DIPLOMATIC PRIVILEGES AND IMMUNITIES, AND LAWS ON FOREIGN AND DEFENCE MATTERS, THE OTHER CHINESE STATUTES WERE LARGELY INAPPLICABLE IN THE SAR.

SOME MEMBERS IN THIS SUB-GROUP SUGGESTED THAT IN RESPECT OF THE EXISTING CHINESE STATUTES, THOSE APPLICABLE IN THE SAR SHOULD BE SET OUT IN CHAPTER I (GENERAL PRINCIPLES). AS REGARDS THOSE

STATUTES WHICH WERE TO BE ENACTED IN FUTURE, THEY COULD ONLY APPLY

IN HK WITH THE AGREEMENT OF THE SARG AND AFTER GOING THROUGH THE

LOCAL LEGISLATIVE PROCEDURE.

25.

LOUIS CHA, CONVENOR OF THE THIRD SUB-GROUP, SAID THAT THE

GROUP'S MAJORITY VIEW WAS THAT THE MAINLAND AND THE SAR WOULD BE

TWO SEPARATE JURIDICAL TERRITORIES WITH TWO DIFFERENT LEGAL SYSTEMS. HENCE, THE MAJORITY OF LAWS IN FORCE IN THE MAINLAND UNDER THE SOCIALIST SYSTEM SHOULD NOT BE APPLIED IN THE SAR. THE GROUP

SUGGESTED DELETING ARTICLE 5 OF CHAPTER II SINCE THE TWO PROPOSALS

SET OUT THEREIN WERE STILL FAR FROM PERFECT. INSTEAD, ARTICLE 7

OF CHAPTER 11 SHOULD BE REDRAFTED AS FOLLOWS: ''THE HK SAR SHALL

ENJOY LEGISLATIVE POWER. EXCEPT FOR THOSE RELATING TO FOREIGN

AND DEFENCE AFFAIRS, LAWS ENACTED BY THE NPC OR THE NPC STANDING COMMITTEE SHALL NOT IN GENERAL APPLY IN THE HK SAR. AS REGARDS

THOSE CHINESE STATUTES WHICH SHOULD APPLY IN THE SAR, THEY SHOULD

NOT CONTRAVENE THE BL AND SHOULD GO THROUGH SPECIFIC PROCEDURES

STIPULATED BY LAW. MOST MEMBERS AGREED THAT IF CERTAIN CHINESE

STATUTES NEED TO APPLY IN THE SAR, THE AGREEMENT OF THE SAR LEGIS-

LATURE WOULD BE REQUIRED AND SUCH STATUTES SHOULD BE ENACTED LOCALLY

BEFORE THE COULD HAVE EFFECT IN THE SAR.

RESTRICTED

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