TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 84

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HKCO12 13.

Analysis of Issues in

RECEIVED IN REGISTRY Latest Draft of the Basic Law

4..... 1990

-

ESK OFFICER

As at 1.3.90

Part A: Unsatisfactory Issues

REGISTRY

PA

Action Taken

SAR's

Article

Articles

and 12

been specified and JD 8 not fully reflected.

*Issue

Proposed Line

}

Exceptions

(defence

and

Preamble

refers

to

foreign affairs) to

the

"basic

policies"

autonomy

have

not

elaborated in the JD.

Article 19

Qualification

of the term

Reading

"acts of state" by "such as foreign defence

a

the article as whole, restrictions

affairs"

to

jurisdiction of courts could

more

than

existing.

be no those But there

and widens without

limiting scope of the term.

is still room for improvement concerning

the

definition

of

"acts of state" and hope Chinese will look at this again.

Article 22, para. 4

Article 24 (4)

Provision

people's

settlement

for SARG's

role

in controlling mainland

JD 165; powers of decision

Not much difference in practice.

entry falls

for

present

short

of

and

are

vested in

Chinese

on

cooperation

authorities.

In any case arrangements

implementation depend

the Chinese side.

their

from

The new requirement is not

JD

in the

and will cause problems

to non-Chinese residents who have

out travelled

and their children.

Have

drawn Chinese

attention

to

the

problems.

Hope

Chinese will not of Hong Kong

this provision again.

look at

Article 64

The

executive's

accountability

the

legislature

is

to

four

areas.

The article

to

the limited

present reports JD 50 has not

requires

government

to regular

been fully reflected.

LegCo

questions

members.

on its work to

and

Members can elicit

thus

accountability

the

practice.

executive

from

in

answer

from

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