TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 74

Problem

31 -

Preferred Redraft

Authorisation by a PFC central organ for the SAR/SARG to exercise certain

powers: The BL contains a number of

articles which provide that the SAR/SARG may exercise certain powers upon the authorisation by a PKC

central organ, e.g. the CPG, the NPC

or the NPC Standing Committee.

Examples of such articles include

Arts. 2, 13(3), 133, 153 (1) and

157(2). But neither the Chinese nor

the English texts of these articles are clear on the following two

points:

a)

b)

whether authorisaiton is by

virtue of the BL or a future authorisation is required;

whether the authorisation is

mandatory or at the discretion

of the PRC central organ

concerned.

Some suggested texts :

Art. 2: The English text to be revised as follows

"The HKSAR exercises a high degree of autonomy in accordance with the provisions of this Law, and enjoys executive, legislative and independent judicial power, including that of final adjudication."

[The intention is that the SAR may enjoy a high degree of autonomy at the authority of the NPC by virtue of the BL. The above formula adequately serves this purpose. The reference to the NPC may be omitted because the NPC is the authority which

enacts the BL.]

CONFIDER

Possible Channels

-

legal experts channel

BLDC interlocutors: Rayson

Huang, Maria Tam