3.
Judicial system
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We welcome the provisions in the draft Basic Law for the
continuation of Hong Kong's common law system [Article 8] and for an
independent judiciary [Articles 18 and 84]. We note also that there is provision for final judgement to be vested in Hong Kong
[Article 181, 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 Drafting
Committee will take them into account. But it should be remembered
that there are certain restrictions on the jurisdiction of the
Hong Kong Courts under the present system. And some provision on
the relationship between the central authorities and the
institutions of the Hong Kong SAR will have to be included in the
Basic Law.
We welcome recent statements by Chinese officials who visited
Hong Kong that they had taken careful note of comments put to them
and would reconsider the draft in the light of those comments.
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