MAXABB (2)
BASIC LAW: SUPPLEMENTARY MATERIAL
(a) Article 19
WHY WAS ARTICLE 19 THE ONLY ARTICLE NOT APPROVED BY
BLDC?
Article 19 provides that SAR will be vested with independent
judicial power, including that of final adjudication, subject to
existing restrictions like those that restrict the High Court here
where a matter of international relations is concerned. This
Article not yet been approved by BLDC because of difficulties over
trying to define "act of state" (in international law sense) in
terms which are understandable under Chinese system. Every hope
that wording can be found to achieve this.
(b) Accountability of Executive
ARE YOU SATISFIED WITH PROVISIONS FOR ACCOUNTABILITY OF EXECUTIVE?
Article 35 provides that Hong Kong residents shall have right to
institute legal proceedings against actions of executive organs or
their personnel.
Article 43 provides that Chief Executive shall be accountable to
the CPG and the Hong Kong SAR.
Article 64 provides that Government of SAR must abide by the law
and shall be accountable to Legislature in a number of detailed
respects.
WILL THIS WORK IN PRACTICE?
In China's own interests to make this work. Hong Kong seen as
political model for eventual reunification with Taiwan. China also has enormous economic stake in Hong Kong's continued success.
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Private notes are available after approval.