20-MAR-1989 17:28
GOVERNMENT SECRATARIAT
1J4J
Basic Law
1
{
with
Drafting of BL a matter
matter for the Chinese. HMG's role, ensure BL is in and by extension that of HKG, is to
in it. We accordance with JD and includes all points in
Chinese have
informal regular
contacts authorities at various levels. Appropriate only for me to reflect to Committee views expressed in Hong Kong on draft BL.
Does second draft meet Hong Kong's needs?
2
Not
right especially consultation.
to
at
HKG
the
pronounce publicly
beginning of period
is
draft studying
taken made have changes
on
into
second draft, of public carefully. account
Clearly views expressed in Hong Kong during the
the period of consultation last year. HKG are studying the draft.
and public
public views,
Ιη
will
pass
light of this,
any comments that we feel necessary to the Chinese side, as we have done in past.
Article 17: power of NPC/SC to return laws
3
considered
be
if
to Power to
laws return
only contrary to provisions of BL regarding affairs within responsibility of CPG or relationship between CPG and SAR. NO a mend ment allowed. Substantive change from first draft which allowed returning or revoking on wider basis. Also more restricted than HMG's present constitutional power in relation to la ws Hong Kong.
Article 157: right of interpretation of BL
4
Chinese
enacted
power
in
of
constitution gives NPC/SC
laws. JD states that interpretation of laws. JD
Power of final judgement shall be vested in
SAR. court of appeal in Clearly difficult
to concepts
Provision s reconcile. critical provoked
amended and
in first
draft
Kong. Substantially
comments
in
improved in
Hong second
draft. Need to see if revised provisions generally acceptable in Hong Kong.
Article 38: Human rights
UT
5
comments
in
in Articles 38
Covenants
account in
During first
many consultation period, Hong Kong on apparent contradictions and 39 and derogations from International
latter. Clearly taken into permitted in second draft.
No comments yet.
Private notes are available after approval.