AIDAFI
RESTRICTED
4. Judicial system
We welcome the provisions in the draft Basic Law for the continuation of Hong Kong's common law system and for an independent judiciary. We note also that there is provision for final judgement to be vested in Hong Kong, in accordance with the Joint Declaration. We are aware of concern in Hong Kong that the independence of the judiciary could be affected by the powers of the National People's Congress and the Central People's Government. It is right that such concerns should be voiced and I am confident that the Basic Law
But it should be Drafting Committee will take them into account. remembered that there are certain restrictions on the jurisdiction
And some of the Hong Kong Courts under the present system. provision on the relationship between the Central Government and the institutions of the Hong Kong SAR will have to be included in
the Basic Law.
5.
Relationship between the Basic Law and the PRC Constitution?
We believe that the draft Basic Law defines with some clarity the constitutional relationship between Hong Kong and the central authorities. There will be a general and residual area where the SAR has autonomy, as well as specific areas where the Central
This arguably People's Government will have powers available to it. implies a clearer degree of autonomy than at present, where HMG s powers are not clearly defined and we retain the ultimate right in
It is also law to direct the Hong Kong Government across the board. gratifying to see the clear statements in the draft Basic law that socialist policies will not be practised in the SAR and that Hong Kong will retain its capitalist system and lifestyle for 50 years. These provisions displace the corresponding points of the Chinese constitution so far as its application to the Special Administrative Region is concerned.
RESTRICTED