prescribed by law enacted by the National
People's Congress in the light of the
specific conditions".
This much is clear.
The question then is whether the Basic Law
override other articles of the Chinese
Constitution, especially those prescribing
the socialist system, the state economy as
the leading force in the national economy
and the duty of citizens to perform military
service; that is, articles which are
themselves inconsistent with the Joint
Declaration and the Basic Law.
A solution to this uncertainty favoured
by some was that the Basic Law should list
those provisions of the Chinese Constitution
which apply. Given the nature of the
Chinese Constitution, a number of provisions
apply in or in relation to Hong Kong but
without direct effect, for example those
which prescribe the structure of State
There might have been a temptation
organs.
to make the list comprehensive rather than
minimal. This might not therefore have been
a reassuring solution.
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