AIDAFI
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6.
Will Hong Kong enjoy the promised high degree of autonomy?
The draft clearly defines the areas in which Hong Kong will
have a high degree of autonomy. The People's Republic of China will of course be the sovereign power over Hong Kong. It is therefore
to be expected that the draft should contain provisions which
reserve certain powers (in the areas of defence and foreign affairs)
to the central authorities. Similar reservations exist today.
7.
Executive is not sufficiently accountable to Legislature?
We welcome the clear and specific references in Articles 43 and
64 of the draft Basic Law to the accountability of the executive to the legislature. We believe that the key requirement for Hong Kong is a system which provides for both checks and balances, as well as
cooperation, between the executive and the legislature. It would
clearly not be appropriate simply to import a system practised
elsewhere, founded on a different political tradition. We believe
that future arrangements for the SAR should evolve from the present
system, which has worked well and is suited to Hong Kong's unique
circumstances.
8.
Grand Electoral College
I am aware of criticism of this concept in Hong Kong. If
people have reservations about this idea or indeed about any of
the options for the election of the legislature - it is
important that they should come forward with feasible alternatives.
It does not appear that any of the options in the draft is contrary
to the Joint Declaration.
9. Need for authentic English text of Basic Law?
I see some force in the argument for this, particularly as the
Hong Kong Courts will be working on the basis of common law system,
and will need an official English text to be able to function
properly. Article 9 of the draft Basic Law provides that 'the
English language may also be used by the executive authorities,
legislature and judicial organs of the Hong Kong SAR'.
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