MAXABD
(g) BASIC LAW : ECONOMIC POLICY ARTICLES
The Basic Law should reflect the high degree of autonomy to be enjoyed by the SAR as provided in the Joint Declaration. There were suggestions that the texts of the economic policy articles as they appeared in the first draft did not fully achieve this aim. Of
course the objectives set out in those Articles (low taxes and a
balanced budget) are very desirable ones. But the concern was that,
as then formulated, the earlier texts would fetter the SAR
Government's autonomy. They could also lay the SAR Government open to challenge in the courts on the grounds that the provisions were not being adhered to.
Some people suggested that these provisions should be deleted.
Others suggested that these provisions should explicitly state that
they were not cognizable by the courts.
These provisions are an interesting example of the Chinese wish
to take account of Hong Kong views, and indeed the need to balance
conflicting views. Our understanding is that Hong Kong businessmen who are members of the BLDC are keen to see the provisions
retained.
5.
We are studying the revised Articles carefully in their new form and will put any views we may have to the Chinese authorities through appropriate channels. The key will be to ensure that the final wording is in a form which the courts will not interpret as
binding.
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