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BE ENACTED BY THE NATIONAL PEOPLES CONGRESS IN PEKING (AND WHICH WILL STIPULATE THE BASIC POLICIES TOWARDS HONG KONG CONTAINED IN PARAGRAPH 3 OF THE JOINT DECLARATION AND THIS ANNEX), THE LAWS IN FORCE IN HONG KONG BEFORE IT BECAME A SPECIAL ADMINISTRATIVE REGION, AND LAWS PASSED BY THE LEGISLATURE OF THE SAR. 3.
THIS SECTION OF THE ANNEX ALSO ESTABLISHES THAT THE POWER TO MAKE LAWS FOR THE SAR, AND TO REPEAL OR AMEND LEGISLATION, WILL BE IN THE HANDS OF THE LEGISLATURE OF THE SAR. LAWS PASSED BY THE LEGISLATURE WILL BE REPORTED TO THE NATIONAL PEOPLE'S CONGRESS IN PEKING FOR THE RECORD. THE CHINESE GOVERNMENT HAVE MADE IT CLEAR THAT THIS PROCEDURE DOES NOT IMPLY THE NEED FOR ANY SPECIFIC APPROVAL FROM PEKING FOR LAWS PASSED BY THE SAR LEGISLATURE, ALTHOUGH CLEARLY SUCH LAWS MUST NOT CONFLICT WITH THE BASIC LAW. PROVIDED THAT THEY DO NOT SO CONFLICT, AND THAT THEY ARE VALIDLY PASSED, THEY WILL BECOME LAW AS SOON AS THE LEGISLATIVE PROCESS IS COMPLETED.
4.
THE SECOND HALF OF THIS SECTION DEALS WITH THE JUDICIAL SYSTEM. PARAGRAPH 5 ESTABLISHES THAT A COURT OF FINAL APPEAL WILL BE ESTABLISHED IN HONG KONG, AND FROM THAT TIME APPEALS TO THE PRIVY COUNCIL IN LONDON WILL CEASE. APART FROM THAT, THE PRESENT SYSTEM WILL REMAIN IN GENERAL UNCHANGED, AND THE COURTS WILL CONTINUE TO BE INDEPENDENT OF THE EXECUTIVE STRUCTURE OF THE GOVERNMENT. JUDGES WILL CONTINUE TO BE APPOINTED BY AN INDEPENDENT COMMISSION, AND DISMISSED ONLY FOR MISBEHAVIOR AND ON THE RECOMMENDATION OF A TRIBUNAL OF LOCAL JUDGES. THE LEGAL SYSTEM WILL BE ABLE TO MAINTAIN ITS LINKS WITH SIMILAR LEGAL SYSTEMS IN OTHER COUNTRIES WHERE THE SYSTEM OF COMMON LAW OPERATES, AND JUDGES FROM SUCH COUNTRIES WILL BE ABLE TO SIT ON THE COURT OF FINAL APPEAL. THE ENGLISH LANGUAGE WILL CONTINUE TO BE USED IN THE COURTS AS WELL AS CHINESE.
5.
PARAGRAPH 12 WILL ALLOW THE SAR, SUBJECT TO THE AGREEMENT OF THE CENTRAL GOVERNMENT, TO ESTABLISH COOPERATIVE JURIDICAL LINKS DIRECTLY WITH OTHER COUNTRIES DEALING WITH SUCH MATTERS AS, FOR EXAMPLE, MUTUAL ENFORCEMENT OF JUDGMENTS, EXTRADITION ETC.
PUBLIC SERVICE
C.
1.
THIS SECTION PROVIDES FOR THE CONTINUATION OF HONG KONG'S
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