15 '87 16:47 TIBCOOL) HK GOVT
P.4
The people of Hong Kong should try their best to fight for safeguard
We have got hold of a document of the Chinese Government. It was an official reply issued by the State Council to the Ministry of Nuclear Industry, National Nuclear Safety Bureau and the National Nuclear Power Leading Group under the State Council regarding the issue of third party indemnity for losses incurred from nuclear mishaps. It is stipulated in the document that in case of a nuclear accident, the operator of the nuclear plant will have to pay the victims compensation of not more than RMB$18 million. If the amount of compensation that the operator of the nuclear plant is supposed to pay exceeds this ceiling, the Chinese Government will provide the necessary, but limited, subsidy amounting up to RMB$300 million. The document was issued on 29.3.86 when the exchange rate of RMB against US dollar was higher than what is now. In other words, this amount of compensation may shrink should RMB continue to depreciate in the coming few years. Or, if the people of Hong Kong are so unfortunate that they really have to demand compensation for losses incurred from a nuclear accident at the Daya Bay plant, they will only be compensated with RMB which is actually meaningless to them when HK dollar may still be the currency in use in Hong Kong before and after 1997.
It is also stipulated in the document that all legal proceedings pertaining to third party compensation claims have to be instituted in accordance with Chinese laws, and handled by the people's court in the municipality of the accident venue. If this is the case, will the people of Hong Kong be able to file their claims through the court of the Hong Kong SAR Government after 1997? Or even if the people of Hong Kong can file their claims with the court in Hong Kong, how can the judgement passed by the court in Hong Kong be effected inside China? This aspect touches upon the subtle mergence of laws of the Hong Kong SAR Government with Chinese laws.
The above government official said frankly that it is impossible to find definite answers to the above host of questions.
These are, in fact, areas that the Hongkong Government also want to clear up.
/ But as
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