WOZAQZ (3)
WHAT IS THERE TO STOP CHINESE AUTHORITIES IMPRISONING PEOPLE FOR
ARBITARY REASONS?
Will be Hong Kong laws, not Chinese laws, that are enforced in
SAR.
There is also explicit protection against arbitrary arrest in
Article 28 of Basic Law.
ARTICLE 157 STILL INADEQUATE?
Must remember that Hong Kong after 1997 will be a Special Administrative Region of China, not an independent or federal territory.
Some provision for resolving disputes on interpretation of Basic Law had to be made: would be unreasonable to expect sovereign authority to divorce itself entirely from such a process.
Revised draft has gone some way in conferring judicial powers of interpretation on SAR organs. Hong Kong courts are to be authorised to interpret on their own those provisions of Basic Law falling within range of SAR's (extensive) authority.
Hong Kong's courts will also be able to interpret other provisions (ie those relating to defence and foreign affairs, or relations between the Central Authorities and the SAR). But they may need to refer to Standing Committee of National People's Congress if in their view such an interpretation is required for a final judgement to be made.
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Article 81 and 84 make clear that there will be independent judicial power in Hong Kong, including that of final adjudication.
Nevertheless shall want to review this when drafting process
resumes.