x
X
SECRET
Lot then
B.
5.
APPLICATION OF (PRC) BASIC STATUTES TO THE HK SAR
A related question is whether, apart from the Chinese (v) the P-R_C - Constitution, there are other "basic statutes" of the PRC which it
is considered would be applicable to the HK SAR.
HK ́s
K
6.
course,
The Joint Declaration provides for the SAR to enjoy a high
degree of autonomy. It is important for the success of the
"one-country, two-systems" concept, and thus confidence in the
high degree of future of Hong Kong, that the SAR's autonomy 1 S not seen to be
way in which stitutes of the P-R-C- are applied in the H-K- SAR.. eroded by the application of PRC statutes, We have given some
It is clear for instance that though to the matter and have a few ideas. We accept,
that the law of Chinese nationality is exclusively within the
110 jurisdiction of the PRC. It is possible that there are other areas of law to which similar considerations may apply. It therefore,
i be valuable to important that there should be an early understanding of how the Chinese side see this problem and, having regard to the provisions of the Joint Declaration quoted in para above, what proposals the Chinese side have with regard to such laws.
have
Would
ideas
Y
X
x
C.
INTERPRETATION OF THE BASIC LAW
7.
Another legal issue that has been raised is the question of
power of interpretation of the Basic Law. The Joint Declaration
this, but it does confer
exclusive
does not provide directly for this,
judicial power in the SAR on the courts of the SAR. In addition to
the provision set out in para above,
2 Annex I, Section III of the JD provides that:
in the HK SAR shall be vested in the courts
The Courts shall exercise judicial power
The
Judicial power
of the HK SAR.
independently and free from any interference
courts shall decide cases in accordance with the laws of the HK SAR
The power of final judgment of the HK SAR shall be vested in the court of final appeal in the HK SAR
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