CONFIDENTIAL
took the view that the final paragraph of Article 158 of the draft Basic Law (Article 159 in the final version) should be amended so as
to make clear that the reference in that Article to "the established
basic policies of the PRC regarding Hong Kong" are those set out in the Joint Declaration (paragraph 2.14). The enacted text of the Basic Law does not contain such a provision though proposals for amendment which emanate from the SAR are required to have the prior consent of two thirds of the SAR's deputies to the NPC, two thirds. of the members of the Legislative Council and the Chief Executive. No such prior consent is required for proposals for amendments which
emanate from the Standing Committee or the State Council. However, the Basic Law does provide, as regards all proposals for amendment, that before any bill is put on the agenda of the National People's Congress, the Basic Law Committee of the SAR (half of the members of which, as noted in paragraph 4 above, are to come from Hong Kong) shall study it and submit its views. The reference to "basic
policies" in Article 159 reflects the reference in the Preamble
where it is made clear that those are the policies elaborated in the
Joint Declaration.
ACTIONS WITHIN HONG KONG
Constitutional Development
11. The Committee recommended that full democracy should be introduced before 1997 and that, consistent with maintaining a
necessary degree of continuity, should be introduced as soon
possible (paragraph 3.10). At the same time the Committee also took
the view that Hong Kong people must be allowed to decide on their
own system of government before as well as after 1997.
12. The Government's aim throughout has been to establish in Hong Kong before 1997 a system of government which includes a substantial
element of democracy and which can endure and further develop after 1997. When the Joint Declaration was signed in 1984, there was no
elected element of any kind in the legislature. Provision for 24 members to be indirectly elected from local government bodies and
CATAAU (5)
CONFIDENTIAL
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