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be aborted.
This would be
undesirable and would contravene the
Joint Declaration provision quoted in para 7 above.
11. That of course is not to say that the SAR courts could enquire
into the substance of decisions
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
of the
CPG on foreign and defence affairs.
D.
INDIVIDUAL RIGHTS AND FREEDOMS
12.
fundamental
importance to the
the preservation of
A further area which is of
maintenance of confidence in Hong Kong is 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 quote 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
attempt to
codify or catalogue them
omissions, confusion and
any
interpretation and enforcement.
unnecesary
would
difficulties
lead
to
in
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