TNAG-1845-FCO40-2620-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 18

MARABB

LIST OF CASES WHERE FOOTNOTES OR SHORT SUPPLEMENTARY MEMORANDA MAY

BE NECESSARY

Timetable for finalising Basic Law (paras 11 to 13)

The timetable for drafting the Basic Law does not come out very

clearly from the Evidence. There may therefore be a case for a

short supplementary note explaining that it was always envisaged

that there would be two drafts, each followed by a consultation

process, and the text produced as the result of the second

consultation process would be the final version. The current period of consultation in Hong Kong comes to an end in July. Thereafter the second draft will be recommitted to the BLDC's sub-groups for

reconsideration of their sections. It will then be reconsidered in

plenary by the BLDC and submitted to the NPC for final approval and promulgation in 1990.

Article 18 and Article 157 (paras 15 and 16)

The relationship between the 6 national laws that apply directly to

Hong Kong and the areas where the final power of adjudication lies with the NPC does not emerge very clearly from the Evidence and may require further amplification. There are 6 national laws which, according to Article 18, are to be applied to Hong Kong. These are set out in Annex 3 and relate to the National Flag, National Anthem,

Nationality Law, etc. Article 157 does not deal with these 6 laws. It stipulates that the HK SAR Courts can interpret on their own those provisions of the Basic Law which fall within Hong Kong's

autonomy. They may also interpret other provisions (defence and foreign affairs and the relationship between the Central Authorities and the regions) but these are areas where the NPC may give a

binding interpretation. In so far as the 6 laws listed in Annex 3

are promulgated or enacted locally in Hong Kong, they could be

regarded as falling within Hong Kong's autonomy in the sense of

Article 157. But the substance of the laws is clearly the

responsibility of the Central People's Government, which would

appear to bring them within paragraph 3 of Article 157.