Text proposed by the BLDC Special Groups
Annex
Five drafts on the jurisdiction of the SAR's courts
(1) Wang Tieya's draft:
"On any matter concerning foreign affairs, defence or important state interests (some members suggested to use "acts of state" and "facts of
of state"), the chief executive of the Hong Kong SAR shall, in accordance with a directive of the CPG, issue a certificate to the Hong Kong SAR's court. Such a certificate shall be binding on the Hong Kong SAR's court."
(2) Wu Jianfan's draft:
"The courts of the Hong Kong SAR shall, if questions relating to foreign affairs, defence or important state interests are encountered in the course of trying cases, seek the views of the appropriate department of the CPG. A certificate issued by the appropriate department in these regards shall be binding on the Hong Kong courts.
SAR's
SECRET
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Our proposed text