TNAG-2490-FCO40-3622-Future-of-Hong-Kong-Basic-Law-1992 — Page 150

Legal Daily

June 15, 1992 Page 4

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· a stable political situation in that country. Out of the same objective,

strict procedure has also been included in the Basic Law for its alternations.

w the Basic Law has not come into force yet, when people demand amending it, such will be a serious blow to the authority and stability of the Basic Law which will produce very grave consequences.

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Second, when we make an approach to the theory of law, any demand in amendment to the law would only happen in the course of its implementation and it means,

after implementation, such content which is incompatible with the objective development will cause some changes to the relevant clauses. But now the

Basic Law has not yet come into force, those people want to amend some relevant

clauses on the excuse that certain content is not consistent with the current

development of the situation, which is obviously not tenable argument. Third, when we look at the objective of the legislation, the NPC took into account

two objectives for formulating and promulgating the Basic Law at an earlier time:

1. with the aim to set the minds of the HK residents at ease about the future

of Hongkong; 2. with the aim to make provisions for the system to be applied to HK Special Administrative Region in order that the political system and the development in other aspects during the transition period would dovetail with the content of the Basic Law, which will help take-over of the political power and smooth transition of Hongkong. If we yielded to the demand of a number of

people by making changes to the Basic Law, it means we were to accommodate the Basic

Law to the paces of " the new development of the political system " as described by a number of people, such way of doing can be likened to making something upside down! Even as soon as such promise is made, a debate will be there immediately in Hongkong, which will disturb the minds of the HK residents. So it has gone against entirely the objectives of the Basic Law.

"

IT

Fourth, considering the procedure of law, Art. 159 of the Basic Law reads:" The power of

amendment of this Law shall be vested in the NPC"

The power to propose bills for amendments to this Law shall be vested in the Standing Committee of the

NPC, the State Council and the HK Special Administrative Region" and Before a bill for amendment to this Law is put on the agenda of the NPC, the Committee for the Basic Law of the HK Special Administrative Region shall study it and submit its views". Seeing that the HK Special Administrative Region and the Basic Law Council have not yet come into existence before 1997, there is no condition for any amendment to the Basic Law according to such a legal procedure. A number of people have already realized that point and so they propose keeping the Basic Law intact and making changes only to the Decision. But actually the Decision was promulgated together with the Basic Law and its Annexes and its content has also something to do with the Basic Law. So it has become an organic component of the Basic Law and with the same force of law as the Basic Law, which is also not subject to changes. What they have proposed as above-mentioned is their intention to do something by underhand means. Moreover, it is absurd also suggesting changes to Basic Law while ignoring the procedure for such amendment

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