Bulletin Number Five 1986

the people, a constitutional judicial review system might enable the basic societal values to develop steadily and smoothly. Considering the fundamental differences between China and Hong Kong regarding human rights and the rule of law, he held that implementing a system of constitutional judicial review in Hong Kong after 1997 would be a commendable way to resolve future disputes. He also presented amodel of judicial review for the future HKSAR. Mr. Albert Chan, Lecturer of Law, University of Hong Kong, delivered a paper on ‘Principles for Dissolving Conflict of Laws between the HKSAR and Mainland China'. It dealt with the jurisdiction of Hong Kong and Chinese courts, choice of laws to be applied, legal principles concerning judicial aid on local and external civil matters, as well as the conflict of laws to be faced after 1997. Dr. Margaret Ng, Deputy Editor of Ming Pao Daily, studied the present and future relationship between the executive and the legislative organs. In her paper, she pointed out that there was a potential crisis in the relationship between Hong Kong's executive and legislative organs and stated that, in order to establish an efficient and flexible political structure capable of avoiding ‘free lunches' and reducing to a minimum interference from the Central Government, it would be necessary to strengthen the legislature and empower it to check and balance against the executive. The author also thought that party politics has its positive aspect and should not be negated altogether. The paper of Byron S.J. Weng, Department of Government and Public Administration, CUHK, was on 'The Status of the HKSAR Chief Executive'. The author characterized the future Chief Executive as the main bulwark of the HKSAR's high level autonomy and concurrently the principal implementer of Central Government policies in Hong Kong: to the Central Government he would represent Hong Kong residents and to Hong Kong he would represent the Central Government. He would have to contend with two contradictory social systems. The paper presented ten draft articles for the Basic Law concerning the Chief Executive, taking into consideration the design principles of the HKSAR's political system, the main factors determining the Chief Executive's status and the basic requirements for an ideal Chief Executive. Dr. Agnes Ng, Senior Lecturer in Social Work, CUHK and member of the Basic Law Consultative Committee, in her paper, ‘Social Welfare and the Basic Law,’ briefly introduced the origin and functions of social welfare, the provisions regarding social welfare in the constitutions of several countries and the development of social welfare in the United Kingdom, China and Hong Kong. She was of the opinion that in order to maintain Hong Kong's low tax rate and economic growth, Hong Kong should improve its welfare measures, but not advocate high degrees of welfare for the whole of its population. Hence, the paper proposed flexible provisions on the welfare system in the Basic Law. Another member of the Basic Law Consultative Committee and Senior Lecturer in Social Work at the University of Hong Kong, Dr. Nelson Chou Wing Sun, discussed the HKSAR social services and residents' rights in the light of the Sino-British Joint Declaration and Hong Kong's present conditions. He also put forward five principles to be followed when drafting the relevant provisions in the Basic Law: (1) the provisions of the two international covenants on civil and economic rights applicable to Hong Kong should continue to be effective; (2) human rights are to be respected as the basis for social services; (3) Hong Kong shall have the power to make its own social service policy; (4) voluntary organizations shall remain semi-independent in nature; and (5) the implementation of social services shall rely primarily on the expertise of professionals. Mr. Mitchell Silk, an Associate of Coudart Brothers and the Law School of the University of Maryland, delivered a paper on ‘Problems in Taxation under the Basic Law'. He examined the problems of double taxation before and after 1997 and analysed the existing taxation systems of China and Hong Kong. Mr. Chang Hsin, Honorary Senior Research Fellow, CCAS, thought that many of the socialist legal concepts in China were incompatible with the ‘one country two systems' policy and did not bode well for a Basic Law that would allow Hong Kong's system to remain unchanged. He emphasized that such concepts as law is the expression of the will of the ruling class', 'law is the instrument for realizing proletarian dictatorship', 'people's rights are bestowed by the state', etc. should be changed. Professor Glen Sparrow, Visiting Fulbright Professor of the Department of GPA, CUHK, and Professor Woonsang Choi, Dean of Social Science Faculty, University of East Asia, Macao, spoke of the American and Korean experiences in law drafting. Professor Choi's paper was entitled 'Drafting a Basic Law: Korean Experience', and Professor Sparrow's was on 'Federalism and Intergovernmental Relations: The Experience in the United States'. Session chairmen and discussants of the papers included: Mr. Justice T.L . Yang; Professor T.C. Chen, Head of The United College, Dr. David Yen, the University librarian, Dr. C.Y. Chang, Dr. H.C. Kuan, NEWS 7