CONFIDENTIAL
Chinese constitution to apply to Hong Kong after 1997?
Conflict between Basic Law/Chinese constitution?
21. We expect Basic Law to make
Constitution apply to Hong Kong.
Possible
of Chinese
clear which provisions
Cannot conceive that the Basic Law
The Chinese will be
will conflict with the Chinese Constitution.
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?
22.
in
The Basic Law will be one of the laws of the Hong Kong Special
Administrative Region. The Courts of the SAR must decide cases
accordance with those laws.
Powers of final adjudication will be
The agreement does not however say which
vested
in those courts.
court of the SAR
interpretation and application of the Basic Law. Key point is the
Basic Law will embody Chinese policies for Hong Kong set out
Joint Declaration and elaborated in Annex 1.
is to have the final responsibility for the
in
CONFIDENTIAL
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