TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 121

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GOVT HOUSE

HK

'89 10-26 11:36

Article

Problem

Art. 17

The provisions in para. 3 of this Article which empowers the NPC Standing Committee to return certain locally-enacted legislation, cast doubt on the scope of the effective legislative power of the SAR legislature. For example, there is a possibility that the phrase "regarding affairs within the responsibility of the Central Authorities or the relationship between the Central Authorities and the Region" in para. 3, if not clearly defined in the BL,

CONFIDENTIAL

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6

Suggested Solution

by the courts of the HKSAR of cases involving organs and authorities of the PRC or their staff (including those refered to in Art. 14 and 22 of this Law), and for the payment of compensation by such organs or authorities or members of such staff, shall be prescribed by a law of the HKSAR."

Three amendments are suggested:

(a) Para. 1 be amended to read:

"The HKSAR shall be vested with the legislative power to enact laws for its peace, order and good government."

(b) In para. 3, the phrase "affairs within the responsibility of the Central Authorities" be replaced with "foreign affairs and defence, which are the responsibilities of the Central

Remarks

Channels:

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BLDC/BLCC interlocutors Legal experts meeting

Actions taken:

(a) and (b) have not been raised with the Chinese.

- On (c). Our legal experts have repeatedly suggested to their Chinese counterparts that only those parts of the SAR law considered to be

inconsistent with the BL should be suspended.

CONFIDENTIAL

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