ARTICLE 18(4): APPLICATION OF NATIONAL LAWS/MARTIAL LAW IN AN
EMERGENCY
Retention of Article 18 in its present form would clearly cause
great concern in Hong Kong. Hope Chinese authorities will take
account of that concern.
Problem lies in provision for Standing Committee of National People's Congress to decide on its own and in circumstances less than those of war that national laws need to be imposed.
Agree with Governor that Hong Kong people would at very least wish to see this provision tightened up. Need to examine scope for involving Hong Kong in any decision to impose national laws.
When drafting process resumes, will certainly wish to do our best to persuade Chinese authorities to look again at this Article.
IS ARTICLE 18 INCONSISTENT WITH JOINT DECLARATION?
Will need to examine further whether this is consistent
with Joint Declaration. Section XII of Annex 1 to Joint Declaration
which provides that Government of SAR shall be responsible for maintenance of public order in the Region, and that Chinese military forces stationed in Hong Kong shall not interfere with internal
affairs of Region.
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Last paragraph of Article 18 of draft Basic Law (which allows imposition of national laws, including martial law, as last resort in event of turmoil in SAR) is clearly matter of most concern.
WON'T CHINESE AUTHORITIES IGNORE BASIC LAW AND IMPOSE MARTIAL LAW
ANYWAY?
Basic Law is about providing the right of legal framework. Although confidence in intentions of Chinese authorities needs to be
built up, no less important to get Basic Law right.
No comments yet.
Private notes are available after approval.