Section II The Laws
4.10 The provisions in Section II were generally welcomed. Views expressed concentrated on:
-Retention of the existing laws
-Translation of existing laws into Chinese.
4.11 The provision in the draft agreement for the retention of existing laws was generally welcomed. This was considered important to the maintenance of Hong Kong as an international financial and trading centre.
4.12 It has been pointed out that very extensive legislation would be required before 1997 to provide for local enactment of United Kingdom laws which at present are extended to Hong Kong by virtue of orders of the Privy Council. There were about 100 such Acts relating to copyright, merchant shipping, civil aviation, nationality and repatriation. Certain sections of laws in Hong Kong which would be in conflict with Chinese sovereignty, or which carried "taints of colonialism" would have to be amended.
4.13 There were increasing calls for the early completion of the translation of the present laws into Chinese, and for all new laws from now on to be drafted bilingually.
4.14 Other points raised included suggestions:-
On the training of more local lawyers;
That the present legal proceedings and concepts-for example, the right of habeas corpus for the protection of personal freedom of citizens— must be preserved in the laws of the SAR; and
That the legal knowledge of the general public be enhanced.
Section III Judicial System
4.15 Reaction to the provisions in this section was generally favourable. Views expressed concentrated mainly on:
--Independence of the judiciary
-Appointment of judges
-Use of Chinese language in courts.
4.16 The intention to maintain the present judicial system in the Hong Kong SAR was well received. The Chief Justice stated in a letter to the Office that the majority of judges of the Supreme Court "welcome Section III of Annex I as providing a satisfactory framework within which the Judiciary can continue to operate after 1997". Whilst satisfied with this provision, some urged that the Court of Final Appeal be set up in Hong Kong before 1997.
4.17 Other points made were :-
The appointment of all judges by the Chief Executive, who in turn would be appointed by the CPG should not be allowed to undermine the present independence of the judiciary or subject the courts to undue influence;
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