TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 191

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Defects in the Basic Law (Chapter XIV).

(a)

(b)

In relation to Article 17 of the Basic Law, the Commission suggests that the Standing Committee of

the National Peoples Congress should not have power to invalidate laws because of the power of

adjudication conferred

final

the

on

Special

However, as

Administrative Region courts. mentioned previously in relation to Chapter IX, Joint Declaration does not confer unrestricted

jurisdiction, only a power to render final judgment where the courts have jurisdiction.

The

Commission complains that Article 18 of the

Basic Law extends the competence of Chinese

Peoples Government to legislate for the Special Administrative Region beyond that permitted in the

Joint Declaration, i.e. the power to add laws to

Annex III of the Basic Law. However, as

previously noted, it is not clear whether the

Chinese Peoples Government and its servants are

amendable to the jurisdiction the local courts.

It should also be noted that there is a general safeguard that no amendment to the Basic Law can

contravene the established basic policies of the Peoples Republic of China regarding Hong Kong which are set out also in the Joint Declaration.

(c) Comment has already been made (in relation to

Chapter IX) on the Commission's points on Article

19 of the Basic Law.