state of emergency in the HKSAR by reason of turmoil should be the HKSAR Government.
3. A member noted that the details of the provisions that the Standing Committee of the National People's Congress (NPC) "decides to declare a state of war" and "decides that the Region is in a state of emergency" were not clear. For example:
- It is stated in the provision that the Standing Committee of the NPC may "decide" to "declare" a state of war, but only "decide" that the Region is in a state of emergency. Does it mean that the latter situation will not require the procedure of "declaration"?
- After the Standing Committee of the NPC has "decided" that the HKSAR is in a state of emergency, will the relevant national laws be "immediately" applied in the HKSAR?
- For how long will the relevant national laws be applied in the HKSAR?
- During the whole process, what role will be played by the HKSAR Government?
Members of the Special Group hoped that the drafters would pay more attention to the above-mentioned situations and consider the following suggestions put forward by members when amending the article:
( 1 ) A state of emergency in the HKSAR should not be "decided" only, but must also be "declared"; and the details should be spelt out.
( 2 ) The HKSAR Government should have the right to take part in the process in which the Standing Committee of the NPC "decides and declares that the HKSAR is in a state of emergency", and applies the relevant national laws in the Region".
4. A member indicated that since there was a clear definition of "a state of emergency" under the International Covenants on Human Rights, both the Central Authorities and the HKSAR should abide by such a definition and should not abuse the term. Apart from that, when the HKSAR Government decides that the Region is in a state of emergency, it must be subject to the checks and balances of the legislature and should not abuse its power.
5. A member put forward the following suggestion regarding the wording of Paragraph 4 of this article: The provisions that "in case the Standing Committee of the National People's Congress decides to declare a state of war" and that "by reason of turmoil within the Hong Kong Special Administrative Region which is beyond the control of the Region, decides
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