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will conflict with the Chinese Constitution. The Chinese will be
drafting the Basic Law and will ensure that it does not conflict. Agreement makes absolutely clear that socialist system and policies practised on mainland will not be practised in Hong Kong after 1997.
Responsibility for interpretation of Basic Law?
18. The Basic Law will be one of
of the laws of the Hong Kong Special
Administrative Region. The Courts of the SAR must
SAR must decide cases in
accordance with those laws. Powers of final adjudication will be
vested in those courts. The agreement does not however say which
court of the SAR is to have the final responsibility for the interpretation and application of the Basic Law. Key point is the
Basic Law will embody Chinese policies for Hong Kong set out in
Joint Declaration and elaborated in Annex 1.
UNDERTAKINGS BY HMG TO HONG KONG PEOPLE
General reference to admission of persons at risk
19. In certain very limited cases certain rights of admissions will
exist under the discretion of the Home Secretary in the United
Kingdom but that will be on a very limited basis for people who have
been exposed to special considerations and special factors.
would be inappropriate to disclose the categories and numbers of people involved or the special considerations and factors concerned.
Specific reference to giving undertakings/assurances
I t
These
20. Assurances have been given by HMG to people in Hong Kong that,
because of their service to the Crown, if they wish to apply they
will be permitted to settle in the UK and rema in here. assurances extend to the spouse and dependent children under 18 of those concerned. I t is intended that the arrival of these people
will be phased over a number of years.
Vietnamese Refugees
21.
9
We are making every effort in cooperation with the United
Nations High Commissioner for Refugees and other countries to seek permanent solutions for
for the refugees who are in Hong Kong and other
places of first asylum.
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