SECRET
2.
Laws passed by the Legislature of the SAR and existing laws will be valid unless they contravene the Basic Law. The policies stated in the Joint Declaration and in Annex I will be stipulated in the Basic Law. The Agreement does not say how to determine whether a law contravenes the future Basic Law. This is a matter which may be dealt with in the Basic Law itself. Otherwise it will be left to
the courts of the SAR to determine the validity of a law.
3. Laws enacted in the SAR will, as now, have to be passed by the Legislature, or under its authority in the form of delegated legislation. In accordance with the provisions of the Basic Law such laws may amend the laws of Hong Kong carried over in 1997. After enactment, laws will have to be reported to the Standing Committee of the NPC for the record.
(C)
THE JUDICIAL SYSTEM
1.
The courts of Hong Kong consist of the Supreme Court, the District Court, the Magistrates' Courts, and various statutory tribunals. Because of the role of the legal system and the courts in maintaining the stability and prosperity of Hong Kong it was considered very important to make provision in the agreement for the continuity of the judicial system. This has been achieved.
2. The only change in the structure of the courts which will take place is the abolition of the Privy Council and the final adjudication of disputes in the courts of the SAR.
3. The independent exercise of judicial power and the obligation of the courts to decide cases in accordance with the law, are both secured. The agreement provides that the appointment of judges in the SAR will also be subject to the recommendation of an independent commission similar to the existing judicial service commission. The independence of the judiciary is protected by the provisions that judges of the SAR may only be removed from office on the grounds of inability or misbehaviour, and then only on the recommendation of a tribunal of judges of the SAR.
SECRET