TNAG-1839-FCO40-2614-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 43

MOZANZ

BASIC LAW

ANNEX III

Improvements to Key Articles endorsed by the

Basic Law Drafting Committee

at its Eighth Plenum (9-15 January)

Criticism on Consultation

Draft

Central/SAR Relationship

1. Joint Declaration

provision that the

maintenance of public responsibility of the SAR

is not reflected.

Improvements in latest draft

This provision is now reflected in

Article 14(2)

2.

legislative power of SAR

legislature would be under- mined by NPC Standing

Committee's power to revoke

or return any SAR law

inconsistent with the BL

(Art. 16)

3. the scope of nation-wide

laws which could be applied

to the SAR is too wide

(Art.17)

restrictions on the

Jurisdiction of SAR courts

Lover executive acts) go

beyond the present practice (Art. 18)

+

NPC Standing Committee can only

return (but not revoke) an SAR law

inconsistent with those BL

provisions falling within the CPG's responsibility (Art. 17)

nation-wide laws applicable to the

SAR are confined to those outside

the limits of the SAR's autonomy

and are listed in an annex (Art.18

and Annex III)

SAR courts will have jurisdiction over all cases "except those constituted by acts of state, wording seeks to follow the

present practice (Art.19); but

remains unclear Text was not

•.'.

agreed by the necessary 2/3

majority of the BLDC and will

further consideration.

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