TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 5

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7. ARTICLE 6.3.1. WE THINK THAT THIS ARTICLE IS ACCEPTABLE WITH THE EXCEPTION OF AND PROMOTE MODERN MEDICINE AND TRADITIONAL CHINESE MEDIINE'', WHICH SHOULD BE DLELETED. THE LATTER PROVISION, ONCE STIPULATED IN THE BL, WOULD OBLIGE THE SARG TO TAKE ACTION TO ACHIEVE THE SPECIFIED OBJECTIVE. THIS, HOWEVER, IS A MATTER OF POLICY, FOR WHICH THE SARG HAS FULL AUTONOMY TO MAKE ITS OWN DECISION. THERE IS, THERFORE, NO REASON FOR THE BL TO RESTRICT THE SARG'S AUTONOMY IN THIS WAY.

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8. ARTICLE 6.3.2. WE PREFER A SIMPLER FORMULA, WHICH READS: HKSARG SHALL PROTECT THE LEGITIMATE RIGHTS AND INTERESTS OF HOLDERS OF INTELLECTUAL PROPERTIES''. OUR FORMULATION WOULD COVER ALL THE FIELDS MENTIONED IN THIS ARTICLE, AND MORE, BUT WOULD LEAVE TH THE SAR GOVERNMENT TO DECIDE HOW THE 'PROTECTION'' SHOULD

BE ACHIEVED.

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ARTICLE 6.4.1. OUR PREFERENCE IS FOR RELIGIOUS FREEDOMS TO BE DEALT WITH IN CHAPTER 111 OF THE BL AND TO BE SUBJECT TO THE PROVISIONS OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS. THIS ARTICLE SHOULD THEREFORE BE REMOVED.

10. ARTICLE 6.4.2. TO PICK UP THE LANGUAGE OF JD 154, WE SUGGEST REVISING THIS ARTICLE TO READ: ''SCHOOLS, HOSPITALS AND WELFARE INSTITUTIONS AS WELL AS SOCIAL SERVICES MAY CONTINUE TO BE RUN BY RELIGIOUS ORGANISATIONS.''

11. ARTICLE 6.4.3. SINCE THE PROCTECTION OF PROPERTY RIGHTS HAS ALREADY BEEN ENSHRINED IN ARTICLE 5

OF CHAPTER I, THIS ARTICLE IS SUPERFLUOUS.

12. ARTICLE 6.5.1. AS DRAFTED, THIS ATICLE COULD BE INTERPRETED TO MEAN THAT ALL NON-GOVERNMENTAL ORGANISATIONS IN THE SPORTING FIELD ESTABLISHED PRIOR TO THE ESTABLISHMENT OF THE HKSAR MUST BE MAINTAINED. AGAIN THIS IMPOSES UNNECESSARY RESTRICTIONS. WE SUGGEST REDRAFTING THIS ARTICLE TO READ: '' NON-GOVERNMENTAL RECREATIONAL AND SPORTS ORGANISATIONS IN HK MAY CONTINUE TO EXIST.''

13. ARTICLE 6.6.1 THIS ARTICLE IS BADLY DRAFTED (NOT BADLY TRANSLATED

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WE SUGGEST IT SHOULD BE IMPROVED AS FOLLOWS:

RECOCGNISED

QUALIFICATIONS FOR PROFESSIONAL PRACTICE OBTAINED BEFORE THE ESTABLISHMENT OF THE HKSAR SHALL CONTINUE TO BE RECOGNISED.''

14. ARTICLE 6.6.2. THIS ARTICLE CAN BE REMOVED SINCE ITS SUBSTANCE HAS ALREADY BEEN INCLUDED IN ARTICLE 6.1.1. IF IT HAS TO BE RETAINED WE SUGGEST SUBSTITUTING **MAY** FOR ''SHALL''.

15. ARTICLE 6.7.1. WE SUGGEST PEVISING THIS ARTICLE ALONG THE LINESO OF ARTICLE 6.2.1. TO READ: '' THE HKSAR SHALL MAINTAIN THE SOCIAL WELFARE SYSTEM PREVIOUSLY PRACTISED IN HK AND THE HKSARG SHALL MAKE ITS OWN DECISIONS TO IMPROVE AND DEVELOP THE SYSTEM ACCORDING TO SPECIFIC CIRCUMSTANCES.'*

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