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a budget was consistent with the BL could be justiciable.
(c) Articles 2 and 12: JD8 provides that the HKSAR will enjoy a "high degree of autonomy except in foreign and defence affairs". Both Article 2 and Article 12 state that the HKSAR shall have a high degree of autonomy but omit "except in foreign and defence affairs". A possible consequence of this is that one is left to search through the whole BL to discover in which particular fields this high degree of autonomy may be exercised; whereas, if the JD formula were used, it would be clear that, leaving aside the question of the particular extent or degree of autonomy, the HKSAR's field of competence would be unlimited except for defence or foreign affairs (and even these might be included where specifically provided in the BL, as in Articles 149 et seq, or when authorised under Article 20). This is not a case like that of Articles 106/107 where there is a conflict with the JD, but rather a case where the failure of the BL to reflect the JD makes less comprehensive provision than the JD intended. We would suggest amending only one or the other of Article 2 and Article 12.
(d) Article 109: The first paragraph of this article provides that the "monetary and financial systems of the [HKSAR] shall be prescribed by law". Certain monetary matters in HK are so prescribed (eg the issue of coin and notes) and certain financial matters may be regulated by law; but there are likely to be a number of matters affecting finance that are only regulated by practice. Such a provision may, therefore, not only be too stringent, but could also give rise to justiciable issues. There is no warrant for it in the JD; on the contrary, JD96 provides that the HKSAR "may decide its monetary and financial policies on its own".
(e) Article 132(1): JD119 concludes that, when Air Service Agreements are renewed or amended, previous rights shall as far as possible be maintained. This passage is missing in the equivalent provision of the BL.
(f) JD86: This important provision, which states that the HKSAR shall decide its economic and trade policies is missing from the BL.
(g) JD83: This provides that the system for auditing public accounts shall be maintained. There is no equivalent in the BL and one should be inserted.
(h) Chapter III: (Fundamental Rights): draws a distinction between rights accorded to permanent residents and rights accorded other persons. This is not in accordance with JD150 and we have taken this point in previous correspondence with the Chinese. Notwithstanding Article 41, it calls for a further reminder
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