Page:Hong Kong Basic Law consultation report vol. 1.djvu/88

 It should be the Chief Executive who has the power to declare emergencies, but at the same time this power must be in accordance with the laws of the HKSAR and subject to legislative control.

The general principles of legislative control on the Chief Executive's power to declare emergencies should be spelt out in the Basic Law, but details of implementation are to be decided by the HKSAR itself.

( iii ) If the Chief Executive of the HKSAR has the right to decide when an emergency has occurred, it would be advisable to introduce the requirement for the Chief Executive to have this state of emergency confirmed by the legislature within a fairly short time frame e.g. seven days.

( 4 ) Nationality of the Chief Justice

The recent introduction of the requirement that the Chief Justice should be a Chinese national is impracticable because the correct candidates are not available. It is fundamental for the continuing operation of the legal system that the Chief Justice should be of appropriate standing.

Far more than any other post, the Chief Justice requires very special and particular qualifications. For practical reasons this provision must be changed. It will be disastrous for the legal system and Hong Kong if the Chief Justice were to be a figurehead.

( 5 ) Article 19

It is proposed that either Paragraphs 3 and 4 of this Article be deleted or that these paragraphs be substituted by the following:

"'Court of the Hong Kong Special Administrative Region shall accord due recognition to acts of the Central People's Government which according to the laws of Hong Kong are 'acts of state'. Court of the Region shall obtain a statement from the Chief Executive on 'facts of state' which according to the laws of Hong Kong are properly determinable by the sovereign government."

"'Before issuing such a statement on any such question of fact which is within the responsibility of the Central People's Government, the Chief Executive shall obtain a certificate from that Government.'"

( 6 ) Article 22

The State Council, not only departments of the Central People's Government, shall be prohibited from interfering in the internal affairs of the HKSAR.