Page:Hong Kong Basic Law consultation report vol. 1.djvu/87

 ( 1 ) Conflict between the Chinese Constitution and the Basic Law In order to resolve conflicts between the Constitution of the People's Republic of China and the Basic Law, it is suggested that the following article be added to the present draft:

"'This Law shall have full effect notwithstanding any inconsistent provision of the Constitution, which is hereby modified in accordance with the policy of 'One country, two systems'.'"

A better and more satisfactory solution is to add to Article 31 of the Constitution the following provision:

"'Where a Basic Law for a special administrative region is so enacted, it shall have full effect notwithstanding any inconsistent provision of the Constitution.'"

We do not believe however that there will be a satisfactory solution to the fundamental problem of the relationship between the Chinese Constitution and the Basic Law without making appropriate amendments to the Chinese Constitution to give recognition to necessary changes consequent upon the proposed establishment of the Hong Kong Special Administrative Region.

( 2 ) Article 17

The meaning of the expression "affairs within the responsibility of the Central Authorities" should be defined. The provision that the Standing Committee of the National People's Congress may reject laws for any ground which goes beyond the affairs which involve defence and foreign affairs is contrary to the Joint Declaration.

( 3 ) Application of national laws in the HKSAR

There are different views expressed on this issue:

( i ) The second paragraph of Article 18 is contrary to the Joint Declaration. The national laws of China should not be applied to Hong Kong. The Joint Declaration provides that the Basic Law and the laws previously in force and laws enacted by the legislature of Hong Kong should be in force. If national laws of China are to be applied to Hong Kong, they can only be applied by the legislature of Hong Kong.

( ii ) Article 18 should be amended to the effect that in the event of a proclamation of war involved in the HKSAR with a third country, relevant national laws may be applied in the HKSAR; however in the event of internal turmoil within the HKSAR, emergency laws of Hong Kong shall apply.