SECRET
*
سمر
be
aborted.
This would be undesirable and would contravene the
Joint Declaration provision quoted in parag above.
حدة توا
was
11. That of course is not to say that the SAR courts could enquire into the substance of decisions of the CPG concerning foreign and defence affairs: such matters are reserved for the CPG. Thus, if
the SAR's courts needed to establish, for example, whether a state
is recognised by China, or whether China is in a state of war with
another state, the courts would be bound by (and would not be able to inquire further into) an authoritative CPG ruling on the matter.
Thus, according the SAR's courts the ability to interpret those
parts of the Basic Law dealing with foreign and defence affairs
would not infringe China's sovereignty or the jurisdiction of the CPG on foreign and defence affairs.
to
D. INDIVIDUAL RIGHTS AND FREEDOMS
Y
Y
ᅩ
12.
fundamental
A further area which is of
importance to the
maintenance of confidence in Hong Kong is the preservation of
individual rights and freedoms as set out in the Joint Declaration.
13. Press reports in Hong Kong on discussions of this subject at
various Basic Law drafting and consultative fora suggest a great divergence of views. There have been suggestions that in order to
preserve rights currently enjoyed by residents of Hong Kong, a quoté " Bill
of Rights "unquote should be enshrined in chapter III of the
Basic Law dealing with basic rights and obligations
inhabitants of the Hong Kong Special Administrative Region. idea of a "Bill of Rights" creates the following difficulties:
of the
The
(a) Substantial provisions regarding rights and freedoms exist in the common law and ordinances enacted in Hong Kong, and
would lead to
difficulties
any attempt to codi fy or catalogue them
S
omissions,
confusion and
unnecesary
interpretation and enforcement.
in
-4-
SECRET