CONFIDENTIAL
054156 MDADAN 3579
POLITICAL SYSTEM
10. MEMBERS EXPRESSED DIVERGENT VIEWS ON THOSE BL PROVISIONS REGARDING THE SELECTION/ELECTION OF THE CE AND THE COMPOSITION OF THE LEGISLATURE. FOR EXAMPLE, MARTIN LEE CONTINUED TO CRITICIZE THE CONCEPTS OF GEC AND INDIRECT ELECTIONS. SELINA CHOW WAS IN FAVOUR OF ELECTING THE CE BY THE LEGISLATURE. HELMUT SOHMEN DEFENDED THE GEC CONCEPT.
POLICY STATEMENTS IN CHAPTER V
11.
SEVERAL MEMBERS, NOTABLY MISS LYDIA DUNN, MISS MARIA TAM, HU FA-KUANG, NGAI SIU KIT AND LIU LIT-FOR COMMENTED THAT THE INCLUSION OF POLICY STATEMENTS IN THE BL WOULD DEPRIVE THE SARG OF ITS AUTONOMY AS PROVIDED FOR IN THE JD. THESE POLICY STATEMENTS WOULD DEPRIVE THE SARG OF ITS ABILITY AND FREEDOM TO REACT TO ECONOMIC CHANGES. SOME MEMBERS SUGGESTED THAT THESE INSTRUCTIVE POLICY ARTICLES SHOULD BE RELEGATED TO AN ANNEX WHICH SHOULD NOT (NOT) HAVE THE FORCE OF LAW.
12. WONG PO-YAN, HOWEVER DEFENDED CHAPTER V.
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HE ARGUED THAT THE PROVISION IN ARTICLE 107 WOULD BE AN IMPORTANT FACTOR TO ENCOURAGE INVESTMENT IN THE SAR. ARTICLE 105 (BALANCED BUDGET) HAD FOLLOWED THE AMERICAN CONSTITUTION : AMONG THE 50 STATES IN THE U.S., 49 OF THEM HAD PROVISIONS FOR A BALANCED BUDGET IN THEIR STATE CONSTITUTIONS.
ARTICLE 169 : INTERPRETATION OF THE BL
13. ARTICLE 169 WAS CRITICISED HEAVILY AS UNDERMINING THE SAR'S AUTONOMY AND JUDICIAL INDEPENDENCE AS PROMISED IN THE JD. ANDREW WONG SAID THAT THE OMELCO PANEL WAS OF THE VIEW THAT THE INTER- PRETATIVE POWER OF THE BL SHOULD BE DELEGATED TO THE COURTS OF THE SAR.
ALTERNATIVELY, THE SAR COURTS SHOULD BE EMPOWERED TO INTERPRET ALL THE PROVISIONS IN THE BL WITHOUT PREJUDICING THE POWER OF INTERPRETATION OF THE NPC STANDING COMMITTEE ON MATTERS FALLING OUTSIDE THE LIMITS OF THE SAR'S HIGH DEGREE OF AUTONOMY, AND THAT INTERPRETATION MADE SHOULD BE BINDING ON THE COURTS. BUT CASES UNDER ADJUDICATION AND JUDGEMENTS PREVIOUSLY RENDERED SHOULD NOT (NOT) BE AFFECTED.
ARTICLE 170 : POWER TO AMEND THE BL
14. ANDREW WONG SAID THAT THE OMELCO PANEL CONSIDERED THAT THIS
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