Constitutional Court:
The Chinese did not accept the
concept of a constitutional court as that would establish an institution superior to, or having the powe to bind, the organ which, under the PRC Constitution is charged with interpretation of the Constitution and statutes, ie the Standing Committee of the National People's Congress. The NPC is the highest organ of State power in the PRC. Instead, the Basic Law provides that there shall be a committee on the Basic Law which the Standing Committee is required to consult before giving an interpretation of the law. The Committee on the Basic Law will consist of 12 members, 6 from the mainland and 6 from Hong Kong, and shall include people from the legal profession. Hong Kong members are required to be Chinese citizens who are permanent residents of Hong Kong with no right of abode in any foreign country. They will be appointed by the Standing Committee of the NPC on the nomination jointly of the Chief Executive, the President of the Legislative Council and Chief Justice of the Court of Final Appeal. The Basic Law Committee also advises the Standing Committee on the compatibility of laws under Article 17, the extension of Chinese laws under Article 18 and the amendment of the Basic Law.
State of Emergency: The fourth paragraph of Article 18 provides for a state of emergency. A state of emergency may be declared by the Standing Committee of the NPC if
(a) there is a turmoil within the SAR which, (b) endangers national unity or security, and (c) is beyond the control of the Government of the SAR. It would seem clear from this that a state of emergency could not be declared by the mainland authorities in respect of local emergencies only affecting Hong Kong or emergencies which had a wider effect but could nevertheless be controlled in Hong Kong by the Government of the SAR. It would be difficult to deprive the national authorities' of power to act in a state of turmoil threatening national unity or security if the turmoil were beyond the control of the SAR authorities.
Stationing of PLA troops in Hong Kong: This requires a factual answer.
Amendments to the Basic Law: Under Article 159, the NPC has the power of amendment of the Basic Law.
The power to propose Bills for amendment is vested in (a) the Standing Committee of the NPC, (b) the State Council, and (c) the SAR. There is additional provision relating to Bills proposed by the SAR. Such Bills require the consent of two-thirds of all the members of the
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