Constitutional Confrontation in Hong Kong: Issues and by Michael C. Davis

By Michael C. Davis

An exam of China's lodging of Western constitutional values, within the gentle of the pending go back of British Hong Kong to China. The Joint announcement which governs the go back promises a continuance of those values, and this learn appears on the ensuing tensions among East and West.

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It by the National People's Congress, the Standing Committee of the National People's Congress or the Central People's Government'. In the immediately preceding draft of the Basic Law this suggested resolution was further supported in the previous draft Article 15 which enumerated a long list of executive powers, the suggestion therefore being that whatever powers were not granted were reserved to the central government. This suggestion has now been eliminated by the revision of Article 15, the present Article 16, so that it now merely specifies executive power to 'manage the administrative affairs of the Region' without enumeration.

153. Draft Basic Law, Chapter I, Article II. , 60 (1803). The American Constitution does not expressly authorize constitutional judicial review of legislation either. This is not to suggest that there is no dissent from government policy but merely that there appears to generally be a high degree of confidence in the government. Some may urge that this apparent confidence in the colonial government is merely a submissiveness to authority engendered both by Chinese tradition and the non-participatory processes of colonialism.

Draft Basic Law, Article 73. Leung, 'Law drafters back mixed elections', SCMP (2 November 38 54. 55. 56. 57. Constitutional Confrontation in Hong Kong 1987); Draft Basic Law, Article 70. The president is to be elected from the members. Draft Basic Law, Chapter 4, Article 49. , Articles 54-6. , Article 72(9). The legislature will also have the power to pass laws, pass budgets, approve tax and question the work of the government, etc. , Article 72. Typical legislative immunity is also afforded, Ibid, Articles 76 and 77.

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