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