CONFIDENTIAL
(A) Legal System
The last sentence on page 1 is also fine, but we should bear in mind that we do not know what the Chinese really intend as regards the transitional provision in Article 159 to disapply Hong Kong laws which the Standing Committee declares to be inconsistent with the Basic Law.
(B) Judicial System
I think the comments here are adequate though again what is said above as regards Article 157 is some qualification.
(C) Human Rights
I think the comments (down to the last sentence) are justified, but it would be sensible to re-draft the last sentence as: "The Basic Law therefore provides for comprehensive protection of human rights". It should, however, be borne in mind that the Chapter on Human Rights is a mess and there may well be issues arising out of the need to reconcile the specific provisions of Articles 25-38 with the general provision of Article 39.
(D) Social and Economic Systems
I have no comments.
(E) Political System
The
Some of the comments are excessively optimistic. first sentence is unexceptional. There is indeed an evolution from 1995-2003, but you may wish to consider whether we would wish to use the word "steady" to describe it since it is less than we had aimed at. The third sentence is correct but the fourth takes as fact what is only an aim in Articles 45 and 67 and given the provisions of Annexes I and II relating to development from 2007 onwards fails to take account of the difficulties of effecting changes. I suggest the fifth sentence be re-drafted: "The Basic Law makes provision which would enable the SAR to achieve full democracy eventually". In the last sentence I would substitute "with the object of ensuring" for "ensuring".
CONFIDENTIAL
/2.
No comments yet.
Private notes are available after approval.