TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 127

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MEMBERS INTRODUCING BILLS RELATING TO ANY OF THESE AREAS. XIANG

SAID HE WOULD CONSIDER OUR SUGGESTION.

ARTICLE 19

5. XIANG SAID THAT AS STATED IN THE NEW LAW ON ADMINISTRATION LITIGATION PROCEDURES, ACTS OF STATE WERE MEANT TO REFER TO DEFENCE AND FOREIGN AFFAIRS. THE INTENTION OF ARTICLE 19 WAS THAT SAR COURTS COULD NOT HEAR A CLAIM ARISING FROM, FOR EXAMPLE, DAMAGE SUFFERED BECAUSE OF WAR, AS WAS THE CASE WITH HK COURTS AT PRESENT. WE POINTED OUT THE CURRENT TEXT APPEARED TO GO BEYOND THIS, AND COULD BE CONSTRUED AS PROHIBITING SAR COURTS FROM CONSIDERING ANY CASE IN WHICH THERE MIGHT BE A CONNECTION WITH AN ACT OF STATE, HOWEVER INSIGNIFICANT AND REMOTE. XIANG SAID THIS CLEARLY WAS NOT THE INTENTION, AND THE PROBLEM WAS TO MAKE IT CLEAR THAT DEFENCE AND FOREIGN AFFAIRS WERE OUTSIDE THE JURISDICTION OF HKSAR COURTS WITHOUT RESTRICTING IT BEYOND THE CURRENT PRACTICE. WE SAID THAT REPLACING ''SHALL HAVE NO JURISDICTION ON CASES RELATING TO ACTS OF STATE'' WITH 'SHALL NOT QUESTION THE VALIDITY OF ACTS OF STATE''

'' WOULD DO JUST THAT, XIANG RESPONDED BY SAYING HE WOULD GIVE SERIOUS CONSIDERATION TO OUR SUGGESTION.

ARTICLE 106

6. QIAN WEICHANG, CO-CONVENOR OF THE BLDC SPECIAL GROUP ON EDUCATION AND CULTURE, SAID THAT HE WAS AWARE OF THE PROBLEM OF PRESCRIBING POLICY IN A BL ARTICLE AND IN PARTICULAR THE NEED FOR ANY GOVERNMENT TO HAVE FLEXIBILITY IN MAKING UP ITS BUDGET FROM YEAR TO YEAR. WE POINTED OUT THAT ARTICLE 106 WOULD LIMIT SARG IN BUDGETTING MATTERS AND ONE SOLUTION WAS TO USE THE APPROACH OF ARTICLE 107, I.E. BY TAKING THE PRVIOUS POLICY OF FISCAL BALANCE AS REFERENCE. QIAN WHO APPARENTLY WAS NOT AWARE OF THIS PROPOSAL, SAID THIS APPEARED TO HIM TO BE AN ACCEPTABLE SOLUTION.

ARTICLE 24

7. WE OUTLINED TO LIN HENGYUAN THE PROBLEMS ARISING FROM THE DEFINITIONS IN ART. 24(3) AND (5). WE ALSO EXPLAINED THAT THE DEFINITION OF NON-PERMANENT RESIDENTS WAS UNNECESSARY IN SO FAR AS FUNDAMENTAL RIGHTS WERE CONCERNED.

ARTICLE 31

8. WE ALSO EXPLAINED TO LIN THAT THIS ARTICLE, AS NOW DRAFTED,

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