UNDER ARTICLE 12 OF CHAPTER II, 1.E. THOSE LEADING TO THE DISINT- EGRATION OF THE STATE OR SUBVERTING THE CPG, SHOULD BE CONFINED TO ORGANISED ACTIVITIES INVOLVING VIOLENCE. HE FURTHER SAID THAT ACCORDING TO THE CHINESE CRIMINAL LAW, IF AN ACT WAS NOT CONSIDERED AN OFFENCE WHERE IT WAS COMMITTED, THEN THE COURTS IN ANOTHER PLACE WOULD HAVE NO JURISDICTION OVER IT. FOR EXAMPLE, IF SOMEONE CRITICISED OR OPPOSED THE CHINESE COMMUNIST PARTY IN HK, HE WOULD NOT BE REGARDED AS HAVING COMMITTED AN OFFENCE IN HK, AND THE ACT WOULD ALSO BE OUTSIDE THE JURISDICTION OF THE MAINLAND COURTS.
(M) CHAPTER I ARTICLE 5 : PROPERTY RIGHTS
44.
SOME MEMBERS SUGGESTED INSERTING IN ARTICLE 5 OF CHAPTER I THE RIGHT TO MOVE PROPERTIES OVERSEAS SO AS TO BOOST INVESTORS' CONFIDENCE AND TO FACILITATE HK'S ECONOMIC DEVELOPMENT. BUT SOME MEMBERS POINTED OUT THAT THE ORIGINAL ARTICLE 5 HAD ALREADY PROVIDED FOR THE RIGHT TO USE AND TO DISPOSE OF PROPERTIES: THIS WOULD ADEQUATELY PROVIDE FOR THE RIGHT TO INHERIT PROPERTIES OR TO MOVE
PROPERTIES ELSEWHERE.
(N) CHAPTER 1, ARTICLE 6: LAND MATTERS
45. MARIA TAM SUGGESTED AMENDING ARTICLE 6 OF CHAPTER I TO THE
EFFECT THAT THE SARG MIGHT LEASE LAND ON BEHALF OF THE STATE'' INSTEAD OF THE PROPOSED ''IN THE NAME OF THE STATE'.
(0) ENTRY OF MAINLAND CHINESE INTO THE HK SAR
46. ONE OF THE DISCUSSION GROUPS SUGGESTED THAT MAINLAND CHINESE WOULD HAVE TO OBTAIN THE APPROVAL OF THE HK SARG, AND NOT JUST THAT OF THE CHINESE AUTHORITIES, IN ORDER TO ENTER THE HK SAR.
(F)
CHAPTER || : THE BASIC RIGHTS AND OBLIGATIONS OF THE HK SAR
RESIDENTS
47.
MARIA TAM SAID THAT WHETHER A PERSON HAD RIGHT OF ABODE IN HK IS NOT THE SAME AS WHETHER HE HAD ALREADY OBTAINED A PERMANENT IDENTITY CARD. ''PERMANENT RESIDENTS' REFERRED TO THOSE WHO HAD RIGHT OF ABODE IN HK. SHE SUGGESTED THAT IN DEFINING PERMANENT RESIDENTS'', THE BL SHOULD SET OUT SEPARATELY THE QUALIFICATIONS FOR RIGHT OF ABODE IN HK AND ELIGIBILITY FOR A PERMANENT IDENTITY
CARD.
48.
MARTIN LEE SAID THAT WITH THE EXCEPTION OF THE RIGHT TO VOTE AND TO BE ELECTED, THE BASIC RIGHTS AND FREEDOMS SET OUT IN CHAPTER III OF THE BL SHOULD BE ENJOYED BY ALL IN THE HK SAR, WITHOUT ANY DISTINCTION BETWEEN ''PERMANENT RESIDENTS' · ''TEMPORARY RESIDENTS' AND ''PERSONS OTHER THAN HK RESIDENTS'' NOR WAS THE
ENTITLEMENT TO SUCH RIGHTS IN ANY WAY RELATED TO THE HOLDING OF AN IDENTITY CARD. HE SUGGESTED THAT THE BL SHOULD STATE THAT HK PEOPLE WOULD HAVE THE RIGHT TO VOTE AND TO BE ELECTED IN ACCORDANCE WITH LAW, AND THAT THE ELECTORAL DETAILS SHOULD BE SET OUT IN AN ORDINANCE.
RESTRICTED
149.
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