TNAG-1984-FCO40-2817-Presentation-of-UK-policy-on-Hong-Kong-to-the-media-1989 — Page 52

that further changes may be made to the second draft in the light of

the further round of public consultation in Hong Kong.

Results of the first consultation period

6.

Many people in Hong Kong have been impressed by the thorough and open way in which the Chinese authorities have sought to consult Hong Kong residents about the draft Basic Law. They have also been encouraged by the willingness of the drafters to make substantial

amendments in response to comment and criticism in Hong Kong. On

the other hand, some people have criticised the BLDC for not paying

sufficient attention to the views of Hong Kong people. The

following are some of the most striking and significant examples of improvements that have already been made to the draft:

i) concern was expressed that the first draft gave the Standing Committee of the National People's Congress the power to

revoke or return any SAR law inconsistent with the Basic Law. It was felt that this would undermine the independent legislative power

of the SAR legislature, as stipulated in the Joint Declaration.

The second draft has been amended so that the NPC can only return

for reconsideration (but not revoke) an SAR law inconsistent with those Basic Law provisions falling within the CPG's responsibility.

ii) concern was expressed about the scope of "nationwide Chinese laws" which could be applied to the SAR. It was felt that

this could undermine the high degree of autonomy which Hong Kong is

to enjoy after 1997.

The second draft has been amended to make it clear that nationwide

laws applicable to the SAR will be confined to those outside the limits of the SAR's autonomy. They are listed in an annex.

iii) the first draft of the Basic Law did not reflect the provision in the Joint Declaration that the maintenance of public order would be the responsibility of the SAR Government.

This provision is now clearly reflected in the revised draft.

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