TNAG-2778-FCO40-3995-Future-of-Hong-Kong-Basic-Law-1993 — Page 11

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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4. The extent of the "high degree" of autonomy is illustrated by comparison with the organs of self government in the national autonomous areas of China (66-79), which are argued to enjoy far more extensive powers that ordinary local organs of state. legislative questions the HKSAR has only to submit its laws to the Standing Committee of the NPC for the record which is very different from a requirement for approval. Furthermore the SAR is only required to implement a very limited number of national laws within its area whereas autonomous regions have to implement all of them. In the Judiciary the functions and powers of People's Courts in ordinary autonomous areas are similar to those of other administrative regions, whereas the SAR shall enjoy independent judicial power including that of final adjudication. Thirdly, in terms of administration the Executive Authorities of the (HKSAR) will enjoy a much higher degree of autonomy than those in an autonomous region. Fourthly, although national autonomous areas enjoy some privileges in terms of carrying out cross border trade and retaining a share of the foreign exchange earned, the (HKSAR) has quite wide-ranging foreign affairs powers detailed in the Basic Law. Furthermore, in comparison with the powers of autonomy of the local government of a capitalist state the Hong Kong SAR is also demonstrated to enjoy considerably wider powers of autonomy in terms of legislation, judiciary and administration.

5. The next section (79-87) compares the powers of the SAR to those of states in countries practicing a federal system in legislation, with the exception of the power to draw up its own constitution. The Legislative Council of the HKSAR enjoys considerably wider powers than those of State Assemblies in countries practicing federal systems. Similarly, enjoying the power of final adjudication, it has considerably wider judicial powers. In terms of executive power (notably through the independent management of its own finances) and in external affairs it also enjoys wider powers than federal states.

6.

The next section (87-99) deals with the meaning of the term "the local inhabitants" who will make up the government and legislature of the SAR. This analyses the various provisions in the Basic Law where nationality restrictions are applied to posts or offices within the SAR. A considerable part of this section is devoted to explaining why the provision of "no right of abode in any foreign country" was added in some cases.

This was particularly because Britain has unilaterally decided to change the nationality of some Hong Kong residents in 1989. This decision was seen by the Chinese government as seriously contradicting Britain's solemn commitments under the Exchange of Memoranda on nationality and the book restated on a number of occasions that this decision and the subsequent British Nationality Hong Kong Bill of 1990 had been undertaken without consulting the Chinese side and had violated Britain's solemn commitments. The Chinese side would not accept this wrong act of Britain in unilaterally deciding to change the nationality of some Hong Kong Chinese nationals and would retain the right to take corresponding measures.

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