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By Michael C. Davis

An exam of China's lodging of Western constitutional values, within the gentle of the pending go back of British Hong Kong to China. The Joint statement which governs the go back promises a continuance of those values, and this learn appears to be like on the ensuing tensions among East and West.

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Nevertheless, this stylistic distinction could prove less significant if the Basic Law is ultimately placed in the hands of a common law judge for interpretation. The Chinese practice of permitting restriction of rights according to law, often not explicitly stated in the Chinese Constitution, is also evident in the draft Basic Law. Article 4 of Chapter 1 on General Provisions states: 'The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents and other persons in the Region in accordance with law'.

The judicial aspect of this issue has been discussed above. The draft expressly permits judicial review of executive acts, and, as noted, is more ambiguous as to the extent of this power with respect to legislative acts. More conservative local drafters, who again appear to express the Mainland perspective;~1 seem to favour a strong Chief Executive much like the current colonial governor. This may stem from the abovenoted Mainland resistance to over-active political processes, that are perceived as a threat to stability.

Anglo-American/Chinese Dichotomy 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. N. GAOR, Sipp. N. M. 368 (1967), Article 21 and 22. See Also Chapter 5 where the particular impact of Article 19 of the covenant with regard to freedom of expression is discussed. , Human Rights in Contemporary China, p. 150. Owen M. Fiss, 'Two Constitutions', II Yale journal of International Law, 492, 501 (1986). A. Nathan, Chinese Democracy (University of California Press, Berkeley, Los Angeles, 1986), pp.

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