protection of basic rights and freedoms, and the executive, legislative and judicial systems are to be based on those set out in Basic Law. These two provisions expressly provide for different systems to have effect in SAR from those in force in the PRC Constitution and thus displace the latter in so far as application to the SAR is concerned. Whether wording in that article can be made more precise is a matter for consideration.
(c) Judicial matters: the power of courts in the Hong Kong SAR to interpret the Basic Law; and the application of "nationwide
statutes"
The draft Basic Law clearly provides for the continuation of the present common law system (Articles 8 and 17) and for an
independent judiciary (Articles 84-94). The power of final ad judication is also vested in the Hong Kong courts.
Law.
There have been criticisms in Hong Kong of certain provisions in this area, eg the power of the National People's Congress (NPC) to determine the validity of laws enacted by the SAR legislative; the application of laws enacted by the NPC; restrictions on the jurisdiction of the SAR courts; and the interpretation of the Basic
There is no reason to suppose that the Basic Law Drafting Committee will not take into account concerns which are strongly felt in Hong Kong. The BLDC will probably also have regard to the fact that certain restrictions on the jurisdiction of Hong Kong's courts already exist (in defence and foreign affairs); and that there will be a need to have a clear machinery in these areas to determine disputes as to where power lies.
(d) Provision for guarantees of human rights
(i) The definition in Article 23 refers to "non-permanent residents", but there is no real need to define them since they should enjoy all the rights of permanent residents, except the right to vote (Article 25).
(ii) The draft Basic Law provides (Article 38) that the provisions of the two international covenants shall be implemented