Will be legitimate organisation

PUBLISHED : Friday, 28 June, 1996, 12:00am
UPDATED : Friday, 28 June, 1996, 12:00am

As a law student, I would like to discuss the legality of the provisional legislature.

I believe the future provisional legislative council will be a legitimate organisation. Article 31 of the Chinese Constitution states that 'the state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions [SAR] shall be prescribed by law enacted by the National People's Congress [NPC] in the light of specific conditions'.

As the word 'law' in Article 31 is an uncountable noun, the NPC has the right to enact more than one piece of law prescribing the system in the Hong Kong SAR. The resolution passed by the NPC to set up the provisional legislature can be regarded as a supplement to the Basic Law stating the system to be instituted in the Hong Kong SAR.

Besides, according to the hierarchy of law in the PRC, the status of Article 31 of the constitution is far superior to the Basic Law; the ultimate determiner of our fate is Article 31, not the Basic Law.

The setting up of the provisional legislature is based on the resolution passed by the NPC, therefore we can infer that the provisional legislature is a legitimate organisation. It is a constitutional action in accordance with Article 31 of the constitution.