| Introduction |
This paper sets out the
Administration's response on questions
regarding the term "Central Authorities",
pursuant to questions raised at the meetings
of the Bills Committee on 24 and 27 May
2003.
|
Meaning of the Reference
to "Central Authorities" |
| 2. |
The reference to "Central Authorities" in
Bill is intended to bear the same meaning
as in the Basic Law. Within the Basic Law,
the term appears in a number of places,
including the title of Chapter II and Articles
13, 14 and 17. We note that the Central
People's Government and the National
People's Congress are referred to
in Chapter II of the Basic Law as parties
which bear responsibilities on the affairs
of the HKSAR.
|
References to "Central
Authorities" in the Laws of Hong Kong |
| 3. |
There are a number of references to
the expression "Central Authorities" in
the existing legislation of Hong Kong.
|
| 4. |
In section 3 of the Interpretation and
General Clauses Ordinance (Cap. 1), the term "State" is
defined to include, inter alia, the Central
People's Government ("CPG")
and the Central Authorities of the PRC. Paragraph
1 of Schedule 8 to Cap. 1 also provides that
where the content of the provision involves
the relationship between the Central Authorities
and the HKSAR, any reference to Her Majesty,
the Crown, the British Government or the
Secretary of State shall be construed as
a reference to the CPG or other competent
authorities of the PRC. It is clear from
these provisions that the expression "Central
Authorities" includes but is not limited
to the CPG. |
| 5. |
Most of the references to the Central Authorities
are found in private ordinances, which, according
to rule 50 of the Rules of Procedure of the
Legislative Council, must include a saving
provision as follows.
| |
"Nothing in this Ordinance
shall affect or be deemed to affect
the rights of the Central Authorities
or the Government of the Hong Kong
Special Administrative Region under
the Basic Law and other laws, or the
rights of any body politic or corporate
or of any other person except such
as are mentioned in this Ordinance
and those claiming by, from or under
them." |
|
Reference to "Central Authorities" in
the Bill |
| 6. |
References to "Central Authorities" are
made in the proposed section 16A of the Official
Secrets Ordinance and in the proposed section
8A(2)(c) of the Societies Ordinance. |
| 7. |
The reference in the Official Secrets Ordinance
aims to narrow down the category of information
on the "relations between the Central
Authorities and the HKSAR", which was
proposed in the Consultation Document in
order to cover an existing area now protected
under "international relations." The
proposal was put forward as it is now not
appropriate to describe relations between
the Mainland and the HKSAR as "international." |
| 8. |
The reference to "Central Authorities" in
the proposed section 8A(2)(c) of the Societies
Ordinance qualifies one of the three pre-conditions
where the proscription mechanism would be
applicable to an organization. Prohibition
of a Mainland organization under the law
of the People's Republic of China is
a matter within the jurisdiction of the Mainland
authorities. It is neither appropriate nor
necessary for us to specify the Mainland
institutions which may be empowered to prohibit
a Mainland organization on grounds of protecting
the security of the PRC. The reference to "Central
Authorities" would exclude other institutions
at or below the provincial level. |
| 9. |
We consider the references to "Central
Authorities" in the Bill are sufficiently
clear and precise. |
