Page:Hong Kong Basic Law consultation report vol. 1.djvu/76

 that the Region is in a state of emergency" should be laid down in two separate paragraphs because the former is the duty of the Central Government whereas the latter is, as far as possible, a responsibility of the HKSAR. It is better to put them in separate paragraphs to avoid confusion.

6. On the basis of the above-mentioned suggestion, a member proposed that since the making of the decision that the HKSAR is in a state of emergency was within the terms of reference of the Region, the relevant provisions should be presented in Chapter IV on the "Political Structure" and not in this chapter. It was therefore suggested that Paragraph 4 of this article be deleted and its contents be put under the relevant section in Chapter IV.

7. According to this article, when "the Region is in a state of emergency, the State Council may decree the application of the relevant national laws in the Region". A member asked whether these national laws would include those empowering the Central Authorities to deploy military forces.

It is specified in Article 14 that the military forces shall only be responsible for defence and shall not interfere in local affairs, but if Hong Kong is in a state of emergency and the garrison stationed by the Central Authorities get involved in Hong Kong's affairs, then will they be considered carrying out its defence duties or interefering in Hong Kong's affairs?

A member held that the terms in the provision under Article 14 that the HKSAR Government may ask for assistance from the garrison in the "maintenance of public order" and in "disaster relief" were not clear. In addition, this article gives the Central Authorities the power to decree the application of the relevant national laws in the HKSAR when the Region is in a state of war or in a state of emergency. These provisions may lead to an abuse of power by the Central Authorities.

8. A member was of the opinion that should the Central Authorities need to make additions to or deletions from the list of laws in Annex III, they should be required not only to "consult" but also to obtain the consent of the Committee for the Basic Law and the HKSAR Government so that the interests of the HKSAR would be looked after.

However, another member had reservations about this suggestion because the laws which may be added to or deleted from the list in Annex III by the Central Authorities were already confined to those "relating to defence and foreign affairs as well as other laws outside the limits of the autonomy of the Region as specified by this Law". It is obvious that the above-mentioned scope is under the jurisdiction of the Central Authorities and not within the autonomy of the HKSAR. If any such addition or deletion is