TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 61

Problem

CONFIDENTIAL

18

Preferred Redraft

Possible Channels

Art. 22(4): The SARG should

have a say in control over the

entry of mainland Chinese into the SAR for settlement purpose.

Proposed redraft :

"People from other parts of China shall

apply for approval for entry into the Hong Kong SAR. Entry into the Hong Kong SAR of

people from other parts of China for settlement purposes shall be regulated in accordance with arrangements made between

the appropriate authorities of the CPG and

the Government of the Hong Kong SAR."

Zhou Nan's visit to UK

Governor/Zhou Nan

C

legal experts channel

BLDC interlocutors: Rayson

Huang, Maria Tam

Art. 157 : As drafted, the NPC

Standing Committee will retain a

power to interpret the

"autonomy" provisions of the

Basic Law and such

interpretations will be binding

on the SAR courts.

We should seek to secure that the SAR

courts will have the exclusive power of judicial interpretation of the "autonomy" provisions, and that whilst the Standing Committee may interpret the entire Basic Law, only those interpretations concerning non-autonomy provisions will bind the SAR

courts.

- legal experts channel

BLDC interlocutors: Rayson

Huang, Maria Tam

CONSIDERA

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