TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 48

26.

IT WAS ALSO SUGGESTED THAT CHINESE STATUTES WHICH APPLIED IN THE SAR SHOULD BE CONSISTENT WITH THE BASIC POLICIES OF THE STATE TOWARDS THE SAR, THE BL AND ARTICLE 31 OF THE CONSTITUTION. A MEMBER IN THIS GROUP POINTED OUT THAT NOT ALL NATIONWIDE CHINESE STATUTES WOULD BE APPLICABLE IN THE SAR, E.G. ACCORDING TO THE ELECTORAL LAW ON NPC DEPUTIES, NPC DEPUTIES SHOULD BE ELECTED FROM THE LOCAL PEOPLE'S CONGRESSES. BUT THE SAR WOULD NOT HAVE ITS OWN LOCAL PEOPLE'S CONGRESS. MOREOVER, THE SAR MIGHT NOT LIKE TO HAVE ITS NPC DEPUTIES NOMINATED BY THE COMMUNIST PARTY OR OTHER POLITICAL PARTIES, AND SUBSEQUENTLY SELECTED THROUGH CONSULTATION. THEREFORE,

THE ELECTORAL LAW MIGHT NOT APPLY IN THE SAR.

27. LOUIS CHA'S PERSONAL VIEW WAS THAT IN RESPECT OF THOSE CHINESE STATUTES RELATING TO THE STATE'S SOVEREIGNTY E.G. THOSE ON FOREIGN AND DEFENCE MATTERS, AND ON CONSTITUTIONAL MATTERS,

THE CPG MIGHT ISSUE DIRECTIVES TO THE SAR'S CHIEF EXECUTIVE FOR

SUCH LAWS TO BE IMPLEMENTED IN THE SAR. THESE STATUTES HAD TO GO

THROUGH THE LOCAL LEGISLATIVE PROCEDURE BEFORE THEY COULD HAVE

EFFECT IN THE SAR.

28.

ANOTHER HK MEMBER LIU YIU-CHU, HOWEVER, OBJECTED TO THE DELETION OF ARTICLE 5 OF CHAPTER 11. SHE TOOK THE VIEW THAT THE QUESTION OF THE APPLICATION IN THE SAR OF CHINESE STATUTES SHOULD NOT BE EVADED BUT BE CLEARLY STATED IN THE BL. SINCE THE JD HAD ALREADY STATED THAT THE SAR WOULD BECOME PART OF CHINA, WE SHOULD ACCEPT THE PRINCIPLE OF ONE COUNTRY'' AND THE SUBORDINATE

STATUS OF THE SAR TO THE CPG. HER VIEW WAS THAT THOSE CHINESE STATUTES WHICH APPLIED IN THE SAR SHOULD NOT CONTRAVENE THE TWO SYSTEMS CONCEPT NOR SHOULD THEY INFRINGE ON THE SAR'S HIGH DEGREE OF AUTONOMY. SHE FURTHER SAID THAT THE BL, IN PARTICULAR CHAPTER | (GENERAL PRINCIPLES), SHOULD ENSHRINE THE PRINCIPLES THAT LAWS IN FORCE UNDER THE SOCIALIST SYSTEM SHOULD NOT APPLY IN THE SAR. SHE DISAGREED WITH THE SUGGESTION THAT CHINESE STATUTES COULD ONLY APPLY IN THE SAR WITH THE AGREEMENT OF THE SAR LEGISLATURE SINCE THIS FAILED TO GIVE RECOGNITION TO CHINESE SOVERIGNTY OVER THE SAR. INSTEAD, THE SAR COULD HAVE THE RIGHT TO APPEAL AGAINST THOSE CHINESE STATUTES WHICH SHOULD NOT HAVE BEEN APPLIED TO THE SAR.

29. A GROUP OF 17 BLCC MEMBERS SENT A LETTER TO THE BLDC SECRET- ARIAT DURING THE BLDC PLENUM. THE LETTER OUTLINED THEIR PROPOSALS ON THE APPLICATION IN THE SAR OF CHINESE STATUTES, THE POWER TO

PROPOSE AMENDMENTS TO THE BL AND THE JURISDICTION OF THE SAR'S

COURTS. THEY SUGGESTED THAT ONLY THOSE CHINESE STATUTES WHICH HAD BEEN INCLUDED IN THE BL OR PASSED BY THE SAR LEGISLATURE SHOULD BE

APPLIED IN THE SAR. THEY ALSO PROPOSED THAT ONLY THE NPC STANDING COMMITTEE, THE STATE COUNCIL AND THE SARG SHOULD HAVE THE POWER TO PUT FORWARD PROPOSALS TO AMEND THE BL, AND THAT WITH THE EXCEPTION OF FOREIGN AND DEFENCE MATTERS, THE SAR COURTS SHOULD BE ABLE TO ADJUDICATE ON ALL CASES, INCLUDING THOSE TOUCHING ON MAJOR STATE

INTERESTS.

(E)

SAR'S FLAG AND EMBLEM

RESTRICTED

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