object to the practice adopted by the HKSAR, it will return the law in question for reconsideration. Hence, any law being enforced in the HKSAR in future for the prohibition of such acts as treason and secession will have already been endorsed by both the Central Government and the HKSAR Government.
5. With respect to this issue, a member held that if a Hong Kong resident had committed such crimes as treason in the territory of Hong Kong, he should be judged and convicted in accordance with the laws of the HKSAR and not those of mainland China. Only when he commits such a crime within the territory of the mainland should his case be handled in accordance with Chinese law. The majority of members agreed to this practice but suggested that specific provisions should be laid down in the Basic Law to reassure the people of Hong Kong.
6. A member noted that under the Criminal Law of the PRC, if a Chinese citizen had committed an act of treason or was found to be a counter-revolutionary, China's Criminal Law would still be binding on him even if he was abroad. The member expressed his anxiety and doubts about the following situation: A Hong Kong resident took part in a certain activity outside Hong Kong, and that activity, not a crime under the laws of Hong Kong, was considered a crime under China's Criminal Law. Will the act of that Hong Kong resident be judged on the basis of the laws of Hong Kong, or, by virtue of his Chinese citizenship, according to the laws of China? Members held that it was worrying as there were no clear provisions in this respect.
Chapter VIII: Interpretation and Amendment of the Basic Law
Article 157
1. A member suggested that the expression "shall authorize" in Paragraph 2 of this article be amended to read "shall exclusively authorize" to ensure that only the courts of the HKSAR would have the power to interpret the relevant provisions of the Basic Law on their own. All other authorities will not have this power.
2. Another member argued that even if the expression was amended to read "shall exclusively authorize", it would only imply that the Standing Committee of the National People's Congress would authorize the courts of the HKSAR, and not other local authorities, to interpret the relevant provisions of the Basic Law. This guarantee will not be of much help because as far as local authorities are concerned, only the Supreme Court will have the power to handle such matters and the Standing Committee of the NPC will not authorize other
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