TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 117

Article

Art. 11

Problem

(ii) whether the

authorisation is mandatory or at the discretion of the NPC.

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Suggested Solution

HKSAR to exercise a high degree of autonomy except in defence and foreign affairs and enjoy executive, legislative and

independent judicial power,

including that of final

adjudication, in accordance with

Remarks

(a) There is a strong body of

opinion that notwithstanding Art. 31 of the PRC Constitution, the BL is at variance with some of the other provisions of the Constitution, notably Art. 1 and 5. As the PRC Constitution is regarded by the Chinese as superior to the BL, this may result in the CPG overriding the BL and imposing other

the provisions of this Law."

(a)

We suggest the following approach:

To suggest that NPC removes through appropriate means, any doubt about the constitutional validity of the systems to be practised in the SAR under Art. 31 of the PRC Constitution.

Channels :

Ministerial-level

exchange

ہے

Governor's visit Legal experts meeting - Zheng Weirong

·

L

BLDC/BLCC interlocutors PA's introductory visit to China ((a) only)

Actions taken:

(a) was extensively canvassed in the legal

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GOVT HOUSE HK

'89 10-26 11:30