TNAG-2599-FCO40-3787-Appointment-of-Chris-Patten-as-new-Governor-of-Hong-Kong--Ap-1992 — Page 93

THE BASIC LAW

3

Two drafts of the Basic Law were made available for public consultation

and many bodies, including the Law Society of Hong Kong, of which I was

then President, commented on its various provisions. Some of our

suggestions were adopted, but unfortunately some of the more important

ones were not. For example: -

The power of interpretation of the Basic Law concerning the

relationship between the Central People's Government and Hong Kong is

vested in the Standing Committee of the National People's Congress

rather than in the courts of Hong Kong. This is contrary to the

common law principle that laws should be interpreted by the courts

and not by an executive organ of Government.

Only in China's

socialist system is the law interpreted by the People's Congress and

not by the courts. The Basic Law in effect extends this socialist

practice into Hong Kong, This will be an erosion of Hong Kong's

right to exercise independent judicial power provided for in the

Joint Declaration.

The Basic Law provides for the Chief Executive to be chosen by an

Election Committee, all of whose members would be appointed by the

Central People's Government. Although these members are to be

selected in accordance with an electoral law to be enacted by the

HKSAR on the principles of democracy and openness, the requirement

that they be appointed by the Central People's Government gives