SECTION 11 THE LAWS
SECRET
4.10
THE PROVISIONS IN SECTION 11 WERE GENERALLY WELCOMED. VIEWS EXPRESSED CONCENTRATED ON :-
4.11
RETENTION OF THE EXISTING LAWS
TRANSLATION OF EXISTING LAWS INTO CHINESE
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
BE PRESERVED IN THE LAWS OF THE SAR: AND
-
-
MUST
THAT THE LEGAL KNOWLEDGE OF THE GENERAL PUBLIC BE
ENHANCED.
SECTION 11 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
SECRET-30-
:
LUSE.