TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 150

Article

0214P

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GOVT HOUSE

HK

Problem

establishment of the Basic Law Comittee is silent on its work procedures. It is also unclear to what extent the vauus of the Basic Law Committ ̋e would eventually be taken into account by the central organs of the CPG in working out a solution.

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Suggested Solution

it performs a function of a judicial nature, its procedures should provide for representation of the parties and for reasons to be given for its decisions.

(c) where there is a clear majority

(say two-thirds of the membership) in favour of a particular view, the Easic Law Committee's advice should have to be accepted by the NPC Standing Committee as a matter of course.

Remarks

Actions taken:

- We have raised in

general terms, through both the political and the legal experts channels, the need for detailed provisions in the BL on the composition and the work procedures of the Basic Law Committee. But proposed solution (c) is

new.

On (b) which comes close to suggesting that the Basic Law Committee be modelled on a

constitutional court, it is noteworthy that the Chinese side have expressed strong

reservation in the legal experts channel about setting up a

constitional court for matters arising from the BL..

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'89 10-26 11:59