TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 176

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Job No. 166880

"HANSARD//JUL[4:06

1894

HONG KONG LEGISLATIVE COUNCIL 14 July 1988

'That power of interpretation of this Law is vested in the Standing Committee of the National People's Congress. The courts of the Hong Kong Special Administrative Region may interpet all the provisions of this Law.

Regarding the provisions which are within the limits of the autonomy of the Hong Kong Special Administrative Region, the Standing Committee of the National People's Congress will irrevocably delegate its power to the courts of the Region to interpret them when ajudicating cases.

When the Standing Committee of the National People's Congress makes an interpretation of a provision of this Law which is outside the limits of the autonomy of the Hong Kong Special Administrative Region, the courts of the Region, in applying such a provision, shall follow the interpretation of the Standing Committe. However, cases under adjudication and judgments previously rendered shall not be affected.

The Standing Committee of the National People's Congress shall consult its Committee for the Basic Law of the Hong Kong Special Administrative Region before giving an interpretation of this Law.'

The provisions of Chapters III, IV, V, VI and X of this Law are or are deemed to be within the limits of the autonomy of the Hong Kong Special Administra- tive Region. The question as to whether the provisions of the other chapters of this Law are within the limits of the autonomy of the region may be decided by the courts of the region or by the Standing Committee of the National Peoples's Congress. The standing committee will consult the Committee for the Basic Law of the Hong Kong Special Administrative Region before making a deci sion. The decision of the Standing Committee of the National People's Con- gress shall be final.

Political structure.

Sir, I wish to deal briefly with some of the provisions in the draft Basic Law relating to the political structure of the HKSAR. My first comment is that the draft provides for a continuation of the present colonial system of government whereby the powers are centred on one man, the Governor. The executive authorities are also given many draconian powers. And yet there are insufficient powers given to the legislature to enable it to provide the necessary checks and balances on the executive.

Further, although a number of options are left open relating to the selection of the Chief Executive and the composition of the legislature, there are a number of proposals which advocate the setting up of what is called a ‘grand electoral college' to select both the Chief Executive and a substantial percentage of the legislature.

This suggestion came from a coalition of certain conservative members of the BLCC commonly called 'the group of 81'. It proposes the formation of an electoral college consisting of about 600 members coming from different sectors