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FM HONG KONG 141125Z SEP 84
TO IMMEDIATE FCO
TELEGRAM NUMBER 2835 OF 14 SEPTEMBER
INFO IMMEDIATE PEKING
ناها.
RECEIVED IN REGISTRY
17 SEP 1984
DESK OFFICEM
60
INDEX
MY TELNO 2833 AND YOUR TELNO 1818
FUTURE EGRET: PART 111 OF THE WHITE PAPER. THE LAWS
PA
राव्य
THE FOLLOWING IS THE DRAFT TEXT ON THE SECTION OF THE WHITE PAPER
ON THE LAWS.
BEGINS
THE LAWS (SECTION 11 OF ANNEX 1)
REGISTRY Action Taken
Miala
1. THIS PART OF THE AGREEMENT ENSURES CONTINUITY OF EXISTING HONG
KONG LAW BEYOND 1997. THE PROVISION FOR THE SAR TO HAVE ITS OWN SYSTEM OF LAWS IS FUNDAMENTAL TO THE CONCEPT OF ''ONE COUNTRY,
TWO SYSTEMS''. SINCE THE LAW OF THE SAR WILL INCLUDE THE COMMON LAW (MEANING THE LAW AS FOUND BY THE JUDGES RATHER THAN AS ENACTED BY THE LEGISLATURE) IT WILL REMAIN, AS NOW, CAPABLE OF DYNAMIC
ADAPTATION TO CHANGING CONDITIONS AND WILL BE FREE TO TAKE ACCOUNT
OF DEVELOPMENTS IN THE COMMON LAW ELSEWHERE. THAT THIS IS SO IS
REINFORCED BY SPECIFIC PROVISIONS IN SECTION 111 OF ANNEX I PROVIDING THAT THE COURTS OF THE SAR WILL BE ABLE TO REFER TO PRECEDENTS IN
OTHER COMMON LAW JURISDICTIONS, THAT JUDGES OF THE SAR MAY BE
RECRUITED FROM OTHER COMMON LAW JURSIDICTIONS AND THAT SAR'S COURT
OF FINAL APPEAL MAY INVITE JUDGES FROM OTHER COMMON LAW JURISDICTIONS
TO SIT ON IT.
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 THE 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.
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