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AbstractSmall group chosen by Legislature, Governor, and Courts tackles problem of bringing state's constitution up to date; will submit its report to General Assembly in 1945.

The author takes a brief look at the Draft Basic Law for Macao, adopted by Peking's National People's Congress (NPC) on 16 March 1992 and to be submitted to the NPC in March 1993 for re-examination and approval. He points out that the draft law is replete with both Portuguese and mainland Chinese clauses and it has placed greater emphasis on basic human rights than the Basic Law for Hong Kong. (DÜI-Sen)

In Bahadur v Director of Immigration, the Court of Final Appeal considered the question of whether rights found in Hong Kong's constitution, the Basic Law, are subject to restrictions. Bahadur concerned the right of residents to travel and enter Hong Kong, which is found in the Basic Law but not in the International Covenant on Civil and Political Rights (ICCPR) as applied to Hong Kong. To its credit, the Court eschewed an approach making such rights subordinate to ordinary legislation. Questions concerning the approach to restrictions on parallel Basic Law rights, ie Basic Law rights that have a parallel right in the ICCPR as applied to Hong Kong, have yet to be determined. It is argued here that these rights and their possible restrictions should have an autonomous interpretation and not have to conform to the minimum standards in the ICCPR. ; published_or_final_version

The Basic Law of the Hong Kong Special Administrative Region (the Basic Law) provides that the judiciary must exercise its power independently, free from any interference, that its members enjoy judicial immunity, and that judges be given tenure to ensure their independence. The Basic Law has embodied the doctrine of separation of powers by vesting specific powers in the Executive Government, Legislative Council, and judiciary respectively. It provides that judges be appointed by the Chief Executive on the recommendation of an independent commission, and that only the judiciary may exercise the judicial power of the HKSAR. These provisions were enacted to safeguard judicial independence. However, as regards members of the judiciary other than judges, the Basic Law maintains the previous system of appointment and removal. Under this system, the Chief Justice appoints deputy magistrates and deputy District Court and High Court judges, and the Chief Executive appoints permanent magistrates by warrant and temporary High Court judges as recorders. The power to appoint also includes the power to dismiss or suspend. It is argued that these practices violate the doctrine of judicial independence under the Basic Law, and accordingly should be replaced so as to ensure judicial independence in all judicial appointments. ; published_or_final_version

THE AUTHOR OUTLINES THE MAJOR PROVISIONS OF THE DRAFT BASIC LAW FOR MACAO, WHICH WAS ADOPTED BY COMMUNIST CHINA'S NATIONAL PEOPLE'S CONGRESS ON MARCH 16, 1992.

Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the 'one country, two systems' formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under 'one country, two systems'. ; postprint