TNAG-1886-FCO40-2677-Overseas-visits-by-Sir-David-Wilson--Governor-of-Hong-Kong---1989 — Page 28

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BASIC LAW

ANNEX II

Improvements to Key Articles endorsed by the

Basic Law Drafting Committee

at its Eighth Plenum (9-15 January)

Criticism on Consultation

Improvements in latest draft

Draft

Central/SAR Relationshp

1. JD provision (JD 28) that

the maintenance of public

order in the SAR is the

responsibility of the SAR is

not reflected.

JD 28 is now reflected in Article

14(2)

2. legislative power of SAR

legislature would be under- mined by NPC Standing Committee's power to revoke

or return any SAR law

inconsistent with the BL

(Art. 16)

3. the scope of nation-wide laws which could be applied

to the SAR is too wide

(Art.17)

4.

restrictions on the

jurisdiction of SAR courts

(eg over executive acts) go

beyond the present practice

(Art.18)

NPC Standing Committee can only

return (but not revoke) an SAR law

inconsistent with those BL

provisions falling within the

CPG's responsibility (Art. 17)

nation-wide laws applicable to the

SAR are confined to those outside

the limits of the SAR's autonomy

and are listed in an annex (Art.18

and Annex III)

SAR courts will have jurisdiction over all cases "except those constituted by acts of state". The

wording seeks to follow the

present practice (Art. 19); but

remains unclear. Text was not

agreed by the necessary 2/3

majority of the BLDC and will need

further consideration.

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