TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 77

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

10.

A power of interpreting the Constitution is vested

in the Standing Committee of the NPC, but that would

not appear to preclude the NPC itself from supplementing

the law or interpreting it. See also "Lawmaking in China"

by Tao-tsia Hsia and Johnson in East Asian Executive Reports, January 1987.

11.

A special administrative region is a totally different

creature from the autonomous regions or national autonomous

areas which have long been a feature of the local government

of the PRC and are an integral part of the centralist

socialist structure of the state.

12. The second report of the Foreign Affairs Committee

of the House of Commons HC 281-1- expressed the view

that the Basic Law should set out clearly what articles

of the PRC Constitution will apply to the SAR and stated

that "The Basic Law must be the "son" not of the PRC

Constitution, but of the Joint Declaration". The Committee

also suggested in the context of the draft provisions

for the interpretation of the Basic Law that there should

be a "Joint Constitutional Court situated in Hong Kong".

13. Peng Zhen, note 8 above.

14 Wu Jianfan, a Chinese legal expert member of the

BLDC, in The Journal of Chinese Law, Vol 2 No.1 p.68.

15. Art.151 of the Basic Law; see also Art.116.

Agreement has already been reached that, in addition

to continuing its separate participation in GATT and

the Multifibre Arrangements, Hong Kong will participate

in the Customs Cooperation Council and other international

organisations or arrangements, shall retain a separate

postal administration and meteorlogical service with

3

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