TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 59

Problem

CONFIDENTIAL

- 16 -

Preferred Redraft

Art. 17 It is unlikely that an

SAR law is defective in its

entirety. To avoid undue disruption to the legal system

in the SAR, the BL should make

clear that only the relevant

parts of the SAR law considered

to be inconsistent with BL

articles outside the SAR's

autonomy should be suspended.

A proposed redraft of para. 3 is as

follows:

"If the Standing Committee of the NPC, after consulting its Committee for the Basic Law of the Hong Kong SAR, considers that any law enacted by the legislature of the Region, or any part of such a law, is not in conformity with the provisions of this Law regarding affairs within the responsibility of the Central Authorities

or the relationship between the Central Authorities and the Region, it may return the law or part of the law in question, but it shall not amend it. Any law, or part of the law, returned by the Standing Committee of the NPC shall immediately cease to have force. This cessation shall not have

retroactive effect, unless otherwise provided for in the laws of the Hong Kong SAR."

CONFIDENTIAL

Possible Channels

-

legal experts channel

BLDC interlocutors: Rayson

Huang, Maria Tam

THL F:# གན