(last paragraph): The Commission doubts
whether the provisions of the Basic Law which
refer to the maintenance of the capitalist system is valid under the Chinese Constitution. They say
that the People's Republic of China Constitution
needs amendment which as a matter of law is
probably correct. As a matter of practice,
however, it does not matter because there is no
effective independent organ in the PRC that is
able to judge the Basic Law as being ultra vires
the Constitution. And even if there were and it
did, any practical consequences would no doubt put the Chinese in breach of their legal obligations under the Joint Declaration.
The Secretary for Constitutional Affairs comments-
"The "one country
-
two systems" principle to
be written into the Constitution of the PRC
Article 31 of the
provides for the
PRC Constitution already
creation of SARS.
People
are more concerned about the will of the
Chinese Government to uphold the "one country
two systems" principle; they are less
concerned about the formality.
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