The Communist Party was not on the list of state organs in Hong Kong, the Government said yesterday. In a paper to legislators, the Constitutional Affairs Bureau said there were three state organs in the SAR. They were the Office of the Commissioner of the Ministry of Foreign Affairs, the People's Liberation Army Garrison and Xinhua. The Government did not say whether the Communist Party existed in Hong Kong or what role it played. The bureau would only say that 'any organisations in the HKSAR must abide by the laws of the HKSAR and there is no question of the HKSAR's autonomy being affected by any such organisation'. The response was made after lawmakers expressed concerns about the role of the Communist Party and whether its existence affected Hong Kong's autonomy. Members were told that organisations which exercise commercial functions, or which were not subordinate organs of the central Government or the relevant central authorities, would not be within the definition of 'state'. 'As such, state enterprises, provincial authorities, autonomous regions and municipalities directly under the central Government are outside the definition. 'It would be for the organisations or their personnel to provide proof if they claim to satisfy the definition of 'state',' the bureau said. Martin Lee Chu-ming, chairman of the Democratic Party, has accused the Government of violating the Basic Law by placing state organs above Hong Kong law during the adaptation of law exercise.
