4.2
(1)
Questions to be resolved:
What is the relationship between the formulation of policies and the enactment of laws? Is it possible to have policy statements
guidelines in laws (particularly laws
or
are basic in nature)?
which
(11) In what way can policy provisions be incorporated
Basic
the future HKSAR Government in Law without putting straitjacket?
can
(11) How
we enshrine the spirit of these two principles the articles without creating contradictions?
in
6.
The relationship between the Constitution and the Basic Law
6.1
Focus of discussion:
in the
A
(1)
the
(111) 8
it feasible
to put
the policy provisions in
A
separate
annex?
(iv) Is it feasible not to include any policy provisions in
Basic Law. and if
what will be the consequence?
BO,
the
which is based on drafting of the Basic Law. Since Article
been 31 of the Chinese Constitution, people have
relation asking questions about how the Basic Law stands in
As explained by the parties concerned, to the Constitution. Article 31 18
Constitution. "proviso" in the relationship between
Basic Constitution and the the
should
infer be viewed
One cannot a whole. as mere comparison of individual articles that there is a clash between the Basic Law and the Constitution.
A
(11) After the publication of the Draft Basic Law,
still Basic
The
Law
from A
5.
Culture and Education
5.1
Focus of discussion:
many people
be
There has never been
issues.
this should
AS
too much contention over cultural
educational
Even before the Draft Basic Law published, the people concerned had reached more or less agreement
the contentious issues were on how some of resolved. Public consensus on the principles drafted
follows: On chapter 18 AS
for
and
shall
was
the expressed worry as to whether or not articles in Law would be rendered invalid when they are found to
If parts of the Constitution. in contravention of
Hong Kong, be applicable to Constitution parties concerned prepared to spell them out?
are
the
the
an
to be
6.2
Questions to be resolved:
in
educational,
introduction
religious
ck
changes.
hand,
its possible Aa
and other systema and prevent mainland social systems by not making On the other hand, the HKSAR Government should be allowed a high degree of autonomy to develop and improve
Atemmed the existing systems. The present contention has
when from the superficial contradictions that have emerged
For example, this consensus 18 expressed in the articles.
the HKSAR shall "maintain while Article 142 stipulates that
Kong", the educational system previously practised in Hong
"on
its Article 143
that provides
the HKSAR shall
Does it mean that if the formulate policies on education".
the maintained.
HKSAR systems previously practised are
Or does 1 t Government may not make any changes to them?
relevant mean that the HKSAR Government may formulate the
existing ite policies on
own as well as make changes to the
Bystems?
the one maintain
Hong Kong
(1)
cultural.
How does Article 31 stand in relation to the other of the Chinese Constitution?
articles
the
any
(11) What
of Article 18
function
31 the Constitution in relation to the Basic Law?
of
the
Chinese
on
own
(111) What is the significance of the Chinese Constitution to the
HKSAR A8 a whole?
(iv) Which articles of the Chinese Constitution shall be applied
in Hong Kong and how shall they be given expression Bong Kong?
to in
7.
7.1
(1)
5.2
Questions to be resolved:
(1)
or
developing these BystemB
Ie there bound to be contradiction between the principles of maintaining the existing systems and improving
in
of the light
two basic
A
social
The Formation of the First Government
Focus of discussion:
Public
on the formation of the consensus 18: On the one hand, it is necessary to give expression to China's sovereignty: on the other hand, efforts must be made The problem to bring about amooth and stable transition.
18 that Hong Kong will still be under British administration
for How will the preparations in
the run-up to 1997.
first
government
the
development?
10
No comments yet.
Private notes are available after approval.