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MDHOAN 2164
JURISDICTION OF THE GENERAL 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)
5.
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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 (NEXT FOUR WORDS UNDERLINED) 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 AND THE DRAFT BASIC LAW IN ARTICLE 16 OF CHAPTER III GIVES EFFECT TO THIS. 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.
6.
FINALLY YOU ASK FOR AN ASSURANCE THAT WE HAVE NEGOTIATED PARTICULAR ARRANGEMENTS WITH THE CHINESE. WE HAVE NOT (NOT) YET DONE SO. IT WILL BE NECESSARY FOR US TO NEGOTIATE WITH THE CHINESE WHAT ARRANGEMENTS ARE TO BE MADE FOR THE RETURN OF FUGITIVE OFFENDERS BETWEEN CHINA, INCLUDING THE HONG KONG SAR, AND 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 AND THAT THOSE SAFEGUARDS WILL APPLY IN RELATION TO PERSONS RETURNED TO HONG KONG OR ANY OTHER PART OF CHINA AND BE VALID THROUGHOUT CHINA WHEREVER THE PARTICULAR ACT OF RETURN
TAKES
HOWE
PLACE.
YYYY
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