TNAG-2490-FCO40-3622-Future-of-Hong-Kong-Basic-Law-1992 — Page 168

mainland. This

autonomous region autonomous organs within the type of self-determination is a concrete manifestation of the high level of autonomy enjoyed by the Hong Kong SAR under `one country

two systems'.

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(iii) The process of amendments to the basic law also is embodiment of the policy of `one country two systems' and gives special privileges to the Hong Kong SAR to make suggestions for revisions.

According to our Constitution basic laws are decided upon by the National People's Congress except for the powers of amendment enjoyed by the National People's Congress itself, the Standing Committee of the National People's Congress can, when the Congress is not in session make partial additions and amendments to basic laws established by the National People's Congress, but they must not be in contravention of the basic principles of those laws. However, as a result of the special nature of the contents of the "Basic Law" and the importance of its position, it is not only different from other basic laws as regards the powers to amend it but the processes of amendment are also completely different from other basic laws. Article 159 of the "Basic Law" lays this down very clearly.

1.

The power to amend "Basic Law" lies with the National People's Congress. That is to say only the National People's Congress enjoys the power to amend the "Basic Law". The Standing Committee of the National People's Congress does not have competence to amend the "Basic Law". Whenever the National People's Congress makes an amendment to the "Basic Law" these must not be in contravention of the basic policies and principles that the People's Republic of China has determined for Hong Kong.

2.

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There is the question of the right to propose amendments the "Basic Law". According to the organisational law of the National People's Congress, the bodies that enjoy the right to make suggestions for amendments to ordinary basic laws presidium of the National People's Congress, the Standing Committee of the National People's Congress, the various specialist committees of the National People's Congress, the State Council, the State Military Commission, the Supreme People's Court, the Supreme People's Procuratorate and groups of 30 or more deputies to the National People's Congress. But power to make suggestions to amend the "Basic Law" lies only with the Standing Committee of the National People's Congress, the State Council and the Hong Kong SAR.

3.

a

To take the question of the processes of putting forward proposals for amending the "Basic Law". There are special needs concerning the process of putting forward suggestions for amending the "Basic Law". First of all, before a proposal for amendment of the "Basic Law" is put on the agenda of the National People's Congress it must be investigated and commented upon by the Basic Law Committee for the Hong Kong SAR; secondly, proposals concerning amendments from the Hong Kong SAR must be passed by two-thirds majority of the NPC delegates of the Hong Kong SAR, by a two-thirds majority of the Legislative Council of the Kong SAR and by the Chief Executive of the Hong Kong SAR. are then passed from the delegation of the Hong Kong SAR in National People's Congress to the National People's Congress itself. That is to say, even though the Hong Kong SAR enjoys the right to make proposals for amendments to the "Basic Law" determined by the National People's Congress, whether or not those

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