TNAG-1840-FCO40-2615-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 157

Criticism on first

Draft

Improvements in second draft

5. NPC Standing Committee's power of interpretation too

wide. Before passing final

judgements, SAR courts

required to seek interpret-

ation from the SC whenever

a case involves an

interpretation of a

provision outside the SAR's autonomy (Art. 169)

6. the scope of "acts designed

to undermine national unity or

subvert the CPG" in Art. 22 is

capable of being interpreted

very widely

7. composition of Basic Law

Committee unclear

NPC Standing Committee delegates

power to interpret the "autonomy"

provisions to SAR courts on their

own. Courts of SAR will only

refer to the Standing Committee when in their view an interpret-

ation from the Standing Committee

on a provision outside SAR's autonomy is required for a final judgement to be made (Art. 157)

a more precise and familiar formulation ("act of treason,

secession, sedition and the

theft of state secrets") is

adopted (Art. 23)

Basic Law Committee to consist of

6 HK members and 6 mainland

members.

HK members to be

nominated jointly by Chief

Executive, Chief Justice and

President of Legco (BLDC

recommendations)

Human Rights

8. inadequate protection of

human rights, as the SAR

legislature can enact laws

to restrict human rights beyond

the limits permissible under

the two Covenants (Art.38-39)

restrictions on rights and

freedoms must not contravene the

Covenants as applied to Hong Kong

(Art. 39)