UNCLASSIFIED
FM FCO
TO PRIORITY HONG KONG
TELNO 2975
OF 10094OZ NOVEMBER 87
INFO PRIORITY PEKING
HUD 383+
UNCLASSIFIED
? NOV 1287
INE
27
125561
QAN 3051
TOP COPY a DIST ?
MIPT: LETTER FROM THE EARL OF WINCHILSEA: STATUS OF PRISONERS AFTER 1997
1.
BEGINS:
FOLLOWING IS TEXT OF LORD GLENARTHUR'S REPLY.
HONG KONG: STATUS OF PRISONERS AFTER 1997:
THANK YOU FOR YOUR LETTER OF 14 OCTOBER.
BEFORE I RESPOND TO THE SPECIFIC MATTERS WHICH YOU RAISE, I WOULD LIKE TO COMMENT ON THE QUOTATION FROM THE STUDY OF THE QUOTE HONG
KONG AGREEMENT UNQUOTE MADE BY THE US LIBRARY OF CONGRESS. OF COURSE, THE PEOPLE'S REPUBLIC OF CHINA IS A SOVEREIGN STATE, THE NATIONAL PEOPLE'S CONGRESS, IS, UNDER THE CONSTITUTION OF THE PRC, A SOVEREIGN LEGISLATURE AND THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS HAS, UNDER THE CONSTITUTION, THE POWER OF INTERPRETATION OF STATUTES. BUT THE PRC HAS ENTERED INTO
BINDING LEGAL OBLIGATIONS IN THE JOINT DECLARATION IN RELATION TO THE POSITION AND STATUS OF HONG KONG AFTER CHINA RESUMES SOVEREIGNTY OVER THE TERRITORY. THOSE OBLIGATIONS PROVIDE FOR A
WIDE MEASURE OF AUTONOMY AND IN PARTICULAR A CONTINUATION
OF THE PRESENT JUDICIAL AND LEGAL SYSTEM OF HONG KONG. THE
BRITISH GOVERNMENT, HAVING CONCLUDED SUCH AN AGREEMENT WITH THE PRC, HAVE NO REASON TO BELIEVE THAT THE PRC WILL NOT ABIDE BY IT.
ARTICLE 31 OF THE CONSTITUTION OF THE PRC ENABLES THE STATE TO
ESTABLISH IN A SPECIAL ADMINISTRATIVE REGION SYSTEMS APPROPRIATE
TO THE SPECIFIC CONDITIONS OF THE REGION. IT IS CLEAR FROM PRESS
REPORTS THAT THE DRAFT OF THE BASIC LAW NOW BEING PREPARED WILL
PROVIDE THAT THE QUOTE SYSTEMS UNQUOTE TO BE APPLIED IN THE HONG
KONG SAR WILL INCLUDE THE PRESENT JUDICIAL SYSTEM OF HONG KONG. BEARING IN MIND THAT THE DRAFTING OF THE BASIC LAW IS AT AN EARLY STAGE, THE FOLLOWING DRAFT PROVISIONS ARE RELEVANT. DRAFT ARTICLE 10 OF CHAPTER I OF THE BASIC LAW PROVIDES AS FOLLOWS:- QUOTE IN ACCORDANCE WITH ARTICLE 31 OF THE CONSTITUTION OF THE PRC, THE POLICIES AND SYSTEMS IN THE HONG KONG SAR, INCLUDING THE SOCIAL AND ECONOMIC SYSTEMS: THE SYSTEM FOR SAFEGUARDING BASIC RIGHTS AND FREEDOMS: AND THE SYSTEMS REGARDING EXECUTIVE,
1
PAGE
UNCLASSIFIED