the Hong Kong SAR. There was also an issue as to possible restrictions on the jurisdiction of the courts of the SAR in respect of the acts of the Central Authorities [24].
15. Under the PRC Constitution the power to amend statutes (the Basic law is a statute) is vested in the NPC; the power to interpret statutes is vested in its Standing Committee [25]
The British and Hong Kong side had no difficulties with the fact that the power to amend lay with the NPC, but they were concerned that the SAR should have an effective voice in the process of amendment and that any amendment should be consistent with the policies for the SAR which were set out in the Joint Declaration. Although they were prepared to accept that the SAR itself could initiate an amendment, the Chinese members of the BLDC no doubt felt unable to agree to procedures which would exclude the normal processes which enable an amendment of a statute to be initiated by one or other of the Central Authorities, and that meant that amendments could be proposed against the wishes and without the involvement of the SAR. In due' course, agreement was reached on the establishment of a Basic Law Committee to be composed of twelve members, six from the mainland and six from Hong Kong (the latter being nominated jointly by the Chief Executive, President of the Legislative Council and Chief Justice of the SAR) which would advise the Standing Committee of the NPC on any bill for an amendment. Efforts to get an explicit reference to the Joint Declaration in the
in the amendment article were unavailing. The formula adopted was that "[n]o amendment
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