TNAG-1843-FCO40-2618-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 35

WAYAKB

(a) BASIC LAW IMPROVEMENTS BETWEEN DRAFTS

Annex C to our memorandum sets out in tabular form improvements to key articles made in second draft of Basic Law. Members of the Committee will also have received copies of a very useful comparison table provided by the BLCC. The publication of that document is a striking example of the openness of the drafting and consultation

exercise.

However, you may find it helpful if I give some specific

examples:

Application of National Laws

There was concern that Article 17 of the first draft allowed too

much scope for interference with the SAR's autonomy in so far as

people felt that the definition of nationwide laws which could be

applied to the SAR was too wide. The phrase which gave particular concern was the reference to "laws which give expression to national unity and territorial integrity". People in Hong Kong recognised that the PRC would be responsible for Hong Kong's defence and foreign affairs. They also accepted that certain other national laws (eg the Chinese Nationality Law and the Chinese Government's Proclamation on Territorial Waters) would need to apply to Hong Kong. But they argued that such laws should be specifically identified in the Basic Law.

These concerns have now been met. Article 18 of the second draft

provides that only the six national laws specified in Annex III to the Basic Law will be applied locally in Hong Kong. Provision is also made for additions to or deletions from the list after

consultation with the SAR Government.

Responsibility for Public Order

The first draft of the Basic Law did not take account of the

provision of the Joint Declaration which specifies that "the maintenance of public,order in the Hong Kong SAR shall be the

responsibility of the Hong Kong SAR Government"