TNAG-2778-FCO40-3995-Future-of-Hong-Kong-Basic-Law-1993 — Page 1

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viii)

The systems and policies practised in the HKSAR should be based on the provisions of the Basic Law.

These main elements were not exhaustive. Theoretically speaking, the 12 basic policies of the PRC as stated in the JD should also be regarded as basic principles of the Basic Law. Some of the points were not covered in the General Principles section but were covered in other sections of the BL. With regard to basic rights and freedoms it was originally considered that because they would be dealt with in a separate chapter there was no need to refer to them in the chapter on Basic Principles, however a reference was added during the course of the drafting process because some members of the Drafting Committee felt that rights and freedoms were an important matter of general principle.

3. The second section (45-79) contains lengthy argument demonstrating that the Special Administrative Region is an inalienable part of the PRC. This is demonstrated first (46-49) historically by showing how Hong Kong had always been a part of China (the treaties with Britain were dismissed as invalid on the grounds that they were the product of armed invasions and under international law treaties signed by force as a result of wars of aggression are invalid). The second part (49-60) gives a lengthy analysis of the structure of the Chinese State ("the unitary system of socialism") and argues that the principle that the HKSAR is an inalienable part of the PRC has very significant implications on the upholding of national sovereignty, unity and territorial integrity. It goes on to detail no less than 15 different points in the Basic Law (55-60) which illustrate the putting into effect of the principle of the HKSAR being an inalienable part of the PRC. The third section (60-79) gives some more analysis of the question of the high degree of autonomy to be exercised by the SAR. This is described as a power which comes from the Central Authorities and is vested by the Central Authorities and is thus significantly different from powers enjoyed by member states of a federal country. There is thus no question of any "residual powers" being vested with the SAR. fact that the National People's Congress authorizes the SAR to exercise a high degree of autonomy reflects the exercise of sovereignty by the state. The legal basis of the power of autonomy is also analyzed and its substance described under 3 main aspects (64-65):

i) The National People's Congress authorizes the HKSAR to

enjoy executive, legislative and independent judicial power.

ii)

iii)

The

The Central People's Government authorizes the HKSAR to conduct relevant external affairs on its own in accordance with the Basic Law.

The HKSAR may enjoy other powers granted to it by the NPC or the CPG.

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