TNAG-1840-FCO40-2615-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 43

WOZANZ

BASIC LAW

Improvements to Key Articles made in the

second Draft of the Basic Law

Criticism on first Draft

Central/SAR Relationship

ANNEX C

Improvements in second draft

1.

Joint Declaration

provision that the maintenance

of public order in the SAR is the responsibility of the SAR

is not reflected.

This provision is now reflected in Article 14, second paragraph.

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)

4.

restrictions on the

jurisdiction of SAR courts (eg over 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". The 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 need

further consideration.