TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 51

37. CHINESE MEMBER XIAO WEIYUN SAID THAT FOREIGN AND DEFENCE AFFAIRS AS WELL AS OTHER MATTERS OF THE SAR FOR WHICH THE CPG WAS DIRECTLY RESPONSIBLE WOULD BE OUTSIDE THE JURISDICTION OF THE SAR'S COURTS. HE SAID THAT APART FROM THOSE CASES RELATING TO FOREIGN AND DEFENCE

MATTERS, NO OTHER CASES ARISING FROM THE SAR'S COURTS COULD BE BROUGHT TO APPEAL IN PEKING. HENCE THE SAR'S POWER OF FINAL ADJUD-

ICATION WOULD NOT BE AFFECTED.

(1) AMENDMENT OF THE BL

38. SOME MEMBERS IN LOUIS CHA'S DISCUSSION GROUP SUGGESTED THAT

ANY PROPOSAL TO AMEND THE BL HAD TO BE SIGNED BY ONE-FIFTH OF THE NPC DEPUTIES AND NO AMENDMENT COULD BE MADE WITHOUT A TWO-THIRDS

MAJORITY VOTE OF ALL NPC DEPUTIES. THE GENERAL VIEW WAS THAT THE

BL SHOULD NOT BE AMENDED TOO EASILY, OTHERWISE CONFIDENCE WOULD

FALTER.

39. CHINESE MEMBER XU CHONGDE AGREED WITH THE PROPOSAL THAT ONLY THE NPC STANDING COMMITTEE, THE STATE COUNCIL AND THE NPC DEPUTIES

OF THE SAR SHOULD HAVE THE POWER TO AMEND THE BL.

(J)

40.

A BL COMMITTEE UNDER THE NPC/NPC STANDING COMMITTEE

BOTH MARIA TAM AND TAM YIU-CHUNG PROPOSED THE ESTABLISHMENT OF

A BL COMMITTEE COMPRISING HK AND MAINLAND MEMBERS TO ADVISE ON THE

APPLICATION IN THE SAR OF CHINESE STATUTES, AND MATTERS RELATING

TO THE INTERPRETATION AND AMENDMENT OF THE BL. IN EXERCISING ITS

POWER TO INTERPET AND TO AMEND THE BL, THE NPC STANDING COMMITTEE SHOULD, IN ACCORDANCE WITH SPECIFIC PROCEDURES, CONSULT THIS BL

COMMITTEE AND THE HK SAR. MARIA TAM ALSO URGED THAT THE PROVISIONS

FOR THE ESTABLISHMENT OF THIS BL COMMITTEE SHOULD BE DRAFTED AS

SOON AS POSSIBLE SO TAT THE BLDC MEMBERS COULD PUT FORWARD THEIR

PROPOSALS ON THE TERMS OF REFERENCE AND THE COMPOSITION OF THIS

COMMITTEE.

41.

ON THE OTHER HAND, LOUIS CHA'S DISCUSSION GROUP, THOUGH AGREE-

ABLE TO THE ESTABLISHMENT OF SUCH A COMMITTEE, CONSIDERED IT

UNNECESSARY TO MENTION IT IN THE BL. THEY SUGGESTED THAT DETAILED

ARRANGEMENTS OF THIS COMMITTEE COULD BE DECIDED BY THE NPC

STANDING COMMITTEE.

(K) LAWS TO BE IN FORCE IN THE SAR

42. MARIA TAM SUGGESTED ADDING THE FOLLOWING PROVISION TO ARTICLE 7

OF CHAPTER I **THE LAWS OF THE HK SAR SHALL BE THIS LAW, LAWS

PREVIOUSLY IN FORCE IN HK AND LAWS ENACTED BY THE HK SAR LEGISLATURE

IN ACCORDANCE WITH THIS LAW.'' MARTIN LEE ALSO TOOK THE VIEW THAT

CHAPTER I SHOULD CLEARLY EXPLAIN THE SOURCE OF LAWS OF THE HK SAR.

(L) SUBVERSION OF THE CPG

43.

A BLDC VICE-CHAIRMAN SUGGESTED THAT ACTIVITIES PROHIBITED

-9-

RESTRICTED

UNDER