Page:Hong Kong Basic Law consultation report vol. 1.djvu/75

 state of emergency in the HKSAR by reason of turmoil should be the HKSAR Government.

3. A member noted that the details of the provisions that the Standing Committee of the National People's Congress (NPC) "decides to declare a state of war" and "decides that the Region is in a state of emergency" were not clear. For example:

Members of the Special Group hoped that the drafters would pay more attention to the above-mentioned situations and consider the following suggestions put forward by members when amending the article:

4. A member indicated that since there was a clear definition of "a state of emergency" under the International Covenants on Human Rights, both the Central Authorities and the HKSAR should abide by such a definition and should not abuse the term. Apart from that, when the HKSAR Government decides that the Region is in a state of emergency, it must be subject to the checks and balances of the legislature and should not abuse its power.

5. A member put forward the following suggestion regarding the wording of Paragraph 4 of this article: The provisions that "in case the Standing Committee of the National People's Congress decides to declare a state of war" and that "by reason of turmoil within the Hong Kong Special Administrative Region which is beyond the control of the Region, decides