Page:Hong Kong Basic Law consultation report vol. 1.djvu/74

 5. A member pointed out that the meaning of "local affairs" was not clear. If demonstrations, assemblies or petition campaigns were held in the HKSAR against the Beijing regime, would such activities be regarded as local affairs? Do local affairs refer only to those events which take place in Hong Kong?

Article 17

1. A member noted that this article referred to "Central Authorities" but no indication was given as to what was meant by "Central Authorities". In other parts of the Basic Law (Draft), reference is made to "Central People's Government". If the two expresionsexpressions [sic] mean something different as presumably they do, the expression "Central Authorities" should not be used as it is vague and without meaning.

Article 18

1. Members showed their concern about who should decide that the HKSAR is in a state of emergency by reason of turmoil within the HKSAR which is beyond the control of the Region. It is specified in Article 2 in the chapter on General Principles that "[t]he National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law", and in Article 16 that "[t]he Hong Kong Special Administrative Region shall be vested with executive power. In accordance with the relevant provisions of this Law it shall, on its own, manage the administrative affairs of the Region". On the basis of these two articles, the majority of the members agreed that provided the HKSAR Government is still functioning properly, it should have the full authority to decide whether the turmoil that has occurred in the HKSAR is "beyond control" because such a decision should be within the scope of executive affairs of the Region.

The Central Government will make the decision only when the HKSAR is in a state of anarchy as a result of the turmoil. (A member noted that under international law, a specific definition had been laid down for "a state of anarchy".)

It was agreed that the present wording of the article was vague and hoped that the drafters would adopt the opinions of members of the Special Group and rewrite the article accordingly.

2. A member held that the only party capable of declaring a