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have very serious effects. I suggest that this article is rewritten to refer to municipal government rather than district organization and to allow as much flexibility as possible in working out what future municipal government would look like. Whether it would be on the basis of the Chinese model or the United Kingdom or United States model, should be left to the SAR to decide. And as far as possible there should be organic growth built on present institutions.
Article 100: Again here there is a reference to Chinese nationals. Please see my previous remarks regarding Article 55 and 61 which applies here with even more force because it would be foolish to exclude well-educated overseas Chinese from such posts simply because they hold a nationality other than Chinese nationality.
This brings up the problem of dual nationality. As far as I know there is no country in the world, however proud of its sovereignty, which does not allow dual nationality. The simple way of getting over this type of problem is for the PRC to allow residents of the SAR dual nationality.
Chapter V
Article 105: Although the intentions of this article are admirable, I believe compliance will be very difficult. Also, no definition being given of the number of fiscal years during which a basic balance should be maintained will make interpretation of this article extremely difficult. In economic matters, it is of extreme importance that as much flexibility is left to the SAR as possible. I believe the whole article should be deleted, but if it is left in, then it should be left in simply as an advisory, and not as a point of law.
Article 107: Again here the intention is admirable, and a low tax policy is essential. However, the 'low tax' really must be defined. For instance, in the context of European tax systems, an income tax of 30% can be considered low. For Hong Kong in present circumstances, it would be far too high. The definition of low tax will give rise to endless arguments. Again, this should become an advisory rather than an article of law.
Article 118: The two paragraphs of this article are a contradiction in terms. If Hong Kong remains a free port, then no tariffs of any kind can be imposed. This must be clarified so that imports and exports are left free and, as at present, any VAT, sales, or other tax is levied only when the article is used in Hong Kong.
Article 132 and 135: It is right and proper that warships and military aircraft must first get permission from the Central Government of the PRC before they can land in Hong Kong. However, as the normal military traffic in and out of Hong Kong is largely routine, I would recommend that a military liaison office is established in Hong Kong so that permission for this type of traffic can be given quickly and smoothly and application does not need to have to go through Beijing and back to Hong Kong.
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Article 138, paragraph 3, second line: The word 'may' should be 'shall' as it is essential that the SAR is fully represented in such negotiations.
Chapter VI
Article 169: My comments regarding Article 16, 17, and 18 are relevant. The final interpretation of the Basic Law must rest with the highest court of the Hong Kong SAR and not with the NPC. If it rests with the NPC, then the two systems, one country principle would be violated since interference from the central government would be inevitable.
Article 170: It is absolutely essential that the committee for the Basic Law referred to in the third paragraph of this article is properly defined as to membership and functions to see whether this is an acceptable method of dealing with possible amendments to the Basic Law.
Annex I: I would prefer alternative 2 and alternative 5 and alternative 3 in that order. Alternative 1 and alternative 4 are not acceptable to me.
Annex II: I would prefer alternative 2 but would accept alternative 1. However, I personally would prefer 100% direct elections on a constituency basis for members of the legislative council. If this were too extreme, then I would prefer 50% directly elected on a constituency basis and 50% elected by functional bodies. I do not believe that electoral colleges serve a useful purpose.
Lastly, in order to preserve the bilingual aspect of the Hong Kong SAR, which I believe to be essential if Hong Kong is to remain a successful financial and trading centre, I would strongly urge that an official English translation of the Basic Law is available which in Hong Kong courts would have equal standing with the Chinese version.
I fully realize the immense intellectual and political difficulties faced by the Basic Law Drafting Committee members and they must be congratulated on the work they have so far done, but I respectfully submit that the Basic Law draft as it now stands, if adopted, would cause a considerable loss of confidence by Hong Kong people in their future after 1997, and that the amendments which I have proposed above will go a long way to restoring such confidence.
Supplement to the Submission to the Drafting Committee for the Basic Law by Urban Councillor W. M. SULLKE, O.B.E., J.P.
With reference to the submission that I presented verbally and then handed over to members of the Basic Law Drafting Committee at the meeting on the 8 June 1988, in the course of conversations on the 8 June, several points arose which I had not properly covered in my submission:
1.
One of the members of the Committee thought that my emphasis regarding Article 22 on the unacceptable word 'subversion' was a minor point as similar laws are applicable in western countries, including also the UK. I
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have very serious effects. I suggest that this article is rewritten to refer to municipal government rather than district organization and to allow as much flexibility as possible in working out what future municipal government would look like. Whether it would be on the basis of the Chinese model or the United Kingdom or United States model, should be left to the SAR to decide. And as far as possible there should be organic growth built on present institutions. Article 100: Again here there is a reference to Chinese nationals. Please see my pervious remarks regarding Article 55 and 61 which applies here with even more force because it would be foolish to exlcude well educated overseas Chinese from such posts simply because they hold a nationality other than Chinese nationality.
This brings up the problem of dual nationality. As far as I know there is no country in the world, however proud of its sovereignty, which does not allow dual nationality. The simple way of getting over this type of problem is for the PRC to allow residents of the SAR dual nationality.
Chapter V
Article 105: Although the intentions of this articles are admirable, I believe compliance will be very difficult. Also no definition being given of the number of fiscal years during which a basic balance should be maintained will make interpretation of this article extremely difficult. In economic matters it is of extreme importance that as much flexibility is left to the SAR as possible. I believe the whole article should be deleted, but if it is left in, then it should be left in simply as an advisory, and not as a point of law.
Article 107: Again here the intention is admirable, and a low tax policy is essential. However, the 'low tax' really must be defined. For instance, in the context of European tax systems an income tax of 30% can be considered low. For Hong Kong in present circumstances it would be far too high. The definition of low tax will give rise to endless arguments. Again, this should become an advisory rather than an article of law.
Article 118: The two paragraphs of this article are a contradiction in terms. If Hong Kong remains a free port then no tariffs of any kind can be imposed. This must be clarified so that imports and exports are left free and, as at present, any VAT, sales, or other tax is levied only when the article is used in Hong Kong. Article 132 and 135: It is right and proper that warships and military aircrafts must first get permission from the Central Government of the PRC before they can land in Hong Kong. However, as the normal military traffic in and out of Hong Kong is largely routine, I would recommend that a military liaison office is established in Hong Kong so that permission for this type of traffic can be given quickly and smoothly and application does not need to have to go through Beijing and back to Hong Kong.
HONG KONG URBAN COUNCIL
Page 59 of 182
111
Article 138, paragraph 3, second line: The word 'may' should be ‘shall' as it essential that the SAR is fully represented in such negotiations.
Chapter VI
Article 169: My comments regarding Article 16, 17, and 18 are relevant. The final interpretation of the Basic Law must rest with the highest court of the Hong Kong SAR and not with the NPC. If it rests with the NPC then the two systems, one country principle would be violated since interference from the central government would be inevitable.
Article 170: It is absolutely essential that the committee for the Basic Law referred to in the third paragraph of this article is properly defined as to membership and functions to see whether this
an acceptable method of dealing with possible amendments to the Basic Law. Annex I: I would prefer alternative 2 and alternative 5 and alternative 3 in that order. Alternative 1 and alternative 4 are not acceptable to me.
Annex II: I would prefer alternative 2 but would accept alternative 1. However, I personally would prefer 100% direct elections on a constituency basis for members of the legislative council. If this were too extreme then I would prefer 50% directly elected on a constituency basis and 50% elected by functional bodies. I do not believe that electoral colleges serve a useful purpose. Lastly, in order to preserve the bilingual aspect of the Hong Kong SAR which I believe to be essential if Hong Kong is to remain a successful financial and trading centre, I would strongly urge that an official English translation of the basic law is available which in Hong Kong courts would have equal standing with the Chinese version.
I fully realize the immense intellectual and political difficulties faced by the Basic Law Drafting Committee members and they must be congratulated on the work they have so far done, but I respectfully submit that the Basic Law draft as it now stands, if adopted, would cause a considerable loss of confidence by Hong Kong people in their future after 1997, and that the amendments which I have proposed above will go a long way to restoring such confidence.
Supplement to the Submission to the Drafting Committee for the Basic Law by Urban Councillor W. M. SULKE, O.B.E., J.P.
With reference to the submission that I presented verbally and then handed over to members of the Basic Law Drafting Committee at the meeting on the 8 June 1988, in the course of conversations on the 8 June several points arose which I had not properly covered in my submission:
1.
One of the members of the Committee thought that my emphasis regarding Article 22 on the unacceptable word 'subversion' was a minor point as similar laws are applicable in western countries, including also the UK. I
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