TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 145

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GOVT HOUSE

HK

Article

JD 85

Problem

This has been included in the drafts until December 1987, but is missing from the two formally published texts.

CONFIDENTIAL

29

Suggested Solution

A new Article in Chapter V, Section 1:

"The HKSAR shall decide its economic and trade policies on its

OWN. .

"

Remarks

Channels:

BLDC/BLCC interlocutors Legal experts meeting Zheng Weirong

Actions taken:

This was discussed in the legal experts channel.

'89 10-26 11:56

hapter VIII : Interpretation and Amendment of the Basic Law

Art. 157

As drafted, the NPC Standing Committee retains a power of legislative interpretation of

provisions of the BL which are within the SAR'S autonomy, and such interpretations will be binding on the SAR courts. This would compromise the autonomy of the SAR judicial system, the independence of the SAR

courts and the SAR's power of final adjudication.

(i) Para. 2 of this Article be

revised to:

(ii)

"The Standing Committee of the NPC shall west in the courts of the IKSAR the exclusive power to interpret on their own the provisions of this Law which are within the limits of the autonomy of the Region."

Para. 3 be amended to:

"The courts of the HKSAR may also interpret other provisions of this Law. However, if in any case the courts of the Region need to interpret the

CONFIDENTIAL

Channels :

Ministerial-level

exchange

Governor's visit Zheng Weirong

BLDC/BLCC interlocutors Legal experts meeting

Actions taken:

This Article has been extensively covered in both the political and legal experts channels, although the proposed solution might vary at different stages so as to take account of public concern at the time.