TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 156

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HONG KONG LEGISLATIVE COUNCIL

P

14 July 1988

(a) Article 16 paragraph 3 enpowers the Standing Committee of the National People's Congress to revoke laws developed and passed by the SAR legislature which the National People's Congress considers to be not in conformity with the Basic Law.

This not only contradicts the spirit of common law practice but also undermines the legislative power of the HKSAR legislature.

(b) Article 17, paragraphs 2-4 allow the law which gives expression to national unity and territorial integrity enacted by National People's Congress or its Standing Committee to be applied in the HKSAR.

This is not in conformity with section 2 of Annex I of the Joint Declaration which stipulates 'the laws of the Hong Kong Special Administration Region shall be the Basic Law, the laws previously in force in Hong Kong and laws enacted by the Hong Kong Special Administration Region legislature.' since it opens up a new source of

law.

As there is no clear indication of the scope of the laws to be applied here, any laws can be interpreted as directly or indirectly relate to 'national unity and territorial integrity'. Therefore, if this article remains as it is, the rights of the people will be jeoperdised.

Sir, with the provisions of articles 16 and 17 of the draft Basic Law I fail to see how Hong Kong's capitalist system and life-style will be able to remain unchanged for 50 years after 1997.

(c) Article 18 of the draft Basic Law provides that courts of the HKSAR shall have no jurisdiction over cases relating to defence and foreign affairs and the executive acts of the Central People's Government.

This contravenes Annex I, section 3 paragraph 2 of the Joint Dec- laration which stipulates Judicial power in the Hong Kong Special Administration Region shall be vested in the courts of the Hong Kong Special Administration Region. The courts shall exercise judicial power independently and free from any interference.'

(d) Article 22 provides that the HKSAR shall prohibit by law any act designed to undermine national unity or subvert the Central People's Government.

As the scope of the prohibited acts is so wide and so vague that any actions can be put under this category.

(e) Article 169 provides that the power of interpretation vested in the

Standing Committee of the National People's Congress.

This again will lead to conflict with the common law system.

Apart from these, we deem it necessary to clarify the vague languages of a number of phrases in the draft Basic Law, such as 'expression of national unity and territorial integrity,' 'unlawfully arrested, detained or imprisoned,' 'unlawful search,' 'unlawful intrusion,' 'the needs of public security, ‘acts designed to undermine national unity or subvert the Central People's Government,' 'executive acts of the Central People's Government' and so forth.