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MDLOAN 3051
FOR THIS AND THAT THE POLICIES SET OUT IN THE JOINT DECLARATION
AS ELABORATED IN ITS ANNEX I WILL BE STIPULATED IN THE BASIC LAW.
THESE PROVISIONS MAKE CLEAR THE GENERAL PROPOSITION THAT
TERRITORIAL JURISDICTION OF THE MAINLAND LAW WILL STOP AT THE BORDER OF THE HONG KONG SAR. THUS, AS IS THE CASE WITH ENGLAND AND SCOTLAND WITHIN THE UNITED KINGDOM THERE WILL BE TWO SEPARATE
JURISDICTIONS WITHIN THE TERRITORY OF THE PRC, THAT OF HONG KONG AND THAT OF THE MAINLAND. (INDEED THERE MAY BE MORE THAN TWO
JURISDICTIONS IF THE BASIC LAW FOR MACAO FOLLOWS THE BASIC LAW
BEING DRAFTED FOR HONG KONG).
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YOU ALSO REFER TO THE INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS. IT IS CERTAINLY THE CASE THAT THE
INTERNATIONAL COVENANT DOES NOT OF ITS OWN FORCE PROVIDE PARTICULAR SAFEGUARDS. BUT THE JOINT DECLARATION, WHICH, I REPEAT IS AN INTERNATIONAL AGREEMENT BETWEEN OURSELVES AND THE CHINESE, PROVIDES THAT THE PROVISIONS OF THAT COVENANT AS APPLIED TO HONG KONG SHALL REMAIN IN FORCE. THERE IS, THEREFORE, THE SAME INTERNATIONAL OBLIGATION ON THE CHINESE TO ENSURE THAT, INTER ALIA, ARTICLE 15 OF THE INTERNATIONAL COVENANT WILL CONTINUE TO HAVE EFFECT IN RELATION TO HONG KONG AS THERE IS IN RESPECT OF THE OTHER ARRANGEMENTS AGREED IN THE JOINT
DECLARATION.
FINALLY, YOU ASK FOR AN ASSURANCE THAT WE HAVE NEGOTIATED PARTICULAR ARRANGEMENTS WITH THE CHINESE. WE HAVE NOT YET DONE So. IT WILL BE NECESSARY FOR US TO NEGOTIATE WITH THE CHINESE ARRANGEMENTS OVER FUGITIVE OFFENDERS RETURNED TO HONG KONG FROM THE UNITED KINGDOM. IN THE COURSE OF SUCH NEGOTIATION, WE WILL NATURALLY SEEK TO ENSURE THAT SAFEGUARDS COMPARABLE TO THOSE WHICH EXIST TODAY UNDER THE FUGITIVE OFFENDERS' ACT WILL APPLY FOR THE FUTURE.
ENDS
HOWE
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