Problem
CONFIDENTL
15
Preferred Redraft
Possible Channels
Art. 14(4) and Art. 22(3): The draft BL provides that PIC
organs established in HK and their staff, including PLA stationed here, shall abide by
SAR laws, but it is silent on
whether the SAR courts shall
have jurisdiction over them.
The BL should preferably contain an enabling provision to provide for: (i) the determination by SAR courts of
litigation involving organs and authorities of the PRC; and (ii) the arrangement of compensation by
such organs and authorities where
there has been loss or damage.
A possible form of words is as follows: "Provisions for the determination by the courts of the SAR of cases involving organs and authorities of the PRC or their staff
(including those referred to in Articles 14
and 22 of Chapter II), and for the payment of compensation by such organs or authorities or members of such staff, shall
be prescribed by a law of the SAR."
This is a subject of considerable
sensitivity to the Chinese and the
drafters are disinclined to make
an express provision in the BL in this regard. It may be more
fruitful to probe the Chinese
further on this issue when we
discuss the question of the garrison and the law in the
defence talks and when we broach
them on the proposed amendments to
the Crown Proceedings Ordinance.
CONFIDENTIAL
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