TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 127

Article

Art. 22

000

Problem

phrases. We therefore consider it desirable to state that "acts/facts of state" should be understood in the BL with its common law meaning.

(a) Para. 1, as drafted, does

not prohibit the CPG itself or PRC organs other than departments under the CPG from interfering in the SAR's internal affairs.

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Suggested Solution

(ii) As a fallback, we can deploy

the following to replace para. 3:

(a)

"Accordingly, the courts of

the HKSAR shall not question the validity of acts of state, and shall obtain a statement from the CE of any matter relating to an act of state, the determination of which is required in any legal

proceedings. Any such

statement shall be binding on

the court." Para. 4 would remain unchanged.

A suggested text reads as follows:

"The CPG and its departments, and other executive organs of the State as well as the provinces, autonomous regions and municipalities directly

Remarks

i

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