affairs" that was finally adopted. Are we content and are the people of
Hong Kong content, from your assessment and from your contacts, that this
now covers the independence or gives the jurisdiction of Hong Kong courts
sufficient cover?
that?
(Mr Maude) Yes, I think it does.
46.
Can you explain to us why, in what way the additional words do
(Mr Maude) I think it constrains the ability of the central government
in Peking to intervene when it is not necessary for it to do so. I am not
actually sure which the words are to which you are referring which were
added.
47.
They were added after "acts of state", the words "such as
defence and foreign affairs". It is line 2 in the last paragraph.
(Mr Maude) The way in which the Basic Law operates it is clearly
intended to give effect to the Joint Declaration, which provides a high
degree of autonomy, specifically excluding issues such as defence and
foreign affairs, and it would have been preferable to exclude the words
"such as" in the second line. That would have been desirable but I do not
think it has affected the flow.
48.
Finally, one article that has been changed since we looked at
it is Article 23 on treason, where now there is a very interesting addition
put in.
I think it was not in the original. I cannot recall seeing it
when we last looked at it anyway. That would also "prohibit foreign
political organizations or bodies from conducting political activities in
the Region, and ... prohibit political organizations or bodies of the
Region from establishing ties with foreign political organizations or
bodies." This is clearly the Chinese authorities reflecting in their Basic
Law, is it not, a fear that people in Hong Kong went on the streets about
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