TNAG-2329-FCO40-3373-Hong-Kong-contacts-with-academics-and-writers-1991 — Page 92

(g)

Citizenship Duties and Immigration

Two issues arise here:-

(a)

(b)

Immigration: The Joint Declaration provides that "entry into the HKSAR of persons from other parts of China shall continue to be regulated in accordance with the present practice. Basic Law may seem to change all that. It provides that: -

Yet the

"For entry into the HKSAR, people from other parts of China

must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of, the CPG after consulting the government of the Region.

This seems to give the determining power to the CPG.

Defence is one of the areas reserved to the competence of the CPG. Will Hong Kong residents be liable for PRC military duties? If so, will they be subjected to ideological conditioning?' Would this be consistent with "lifestyle" guarantees? I cannot see how.

And so, to summarise: In relation to the role of legislators, the accountability of the executive, impeachment of the Chief Executive, aspects of election practices, aspects of citizenship and governance, some citizenship duties and immigration affairs, the Basic Law goes for a restricted notion of micro-autonomy, which is certainly less than "full implementation" of the Joint Declaration, and, I regret, one which seems to be certainly less than generous. I would like to hear the views of others on this.

4.34.

(h)

The Relationship between the PRC Legislature and the HKSAR Legis- lature and Judiciary

I turn now to two issues of macro-autonomy, viz: the relationship between the NPC and the HKSAR legislature and judiciary respectively. In the PRC's elaboration of its basic policies regarding Hong Kong, it declares: -

"Except for foreign and defence affairs which are the

responsibilities of the CPG, the HKSAR shall be vested with executive, legislative and independent judicial power, including that of final adjudication.

In this provision, foreign and defence affairs are, therefore, presented as an exception to a general rule, whereby the HKSAR shall have "legislative and independent judicial power, including that of final adjudication" over everything else. This appears to be clear to me on the wording of this part of the English text. However, the PRC view is different:-