CONFIDENTIAL
Secret
In this Septing of State
FROM:
DATE:
CC:
3801
J C Morris
fo
Hong Kong Department
30 August 1991
Mr Burns o/r
Mr Cornish, News Dept
Ms Barrett, Legal
Advisers
Si
A.
Mr
дох
PS/Lord Caithness
Private Secretary
л зорд
HONG KONG LEGAL SYSTEM POST 1997
1.
Ph areas a
Ана
SG
drakt Lethr
Grateful for
a draft lette
The Secretary of State has asked for advice on a to ni nonckton,
после
question raised by Christopher Monckton, of the Evening Standard at their meeting on 29 August. In the context of
the Lorrain Osman case, Mr Monckton asked what would happen if a given crime was not subject to the death penalty under
Hong Kong law but did carry this sanction under Chinese law
-
would criminals in Hong Kong be liable to Chinese penalties after 1997? He also asked if the Secretary of State planned to discuss this matter with the Chinese
authorities.
Ra
2. In accordance with the Joint Declaration, the Basic Law
of the Hong Kong Special Administrative Region which will
enter into force on 1 July 1997, provides inter alia for the continuation of Hong Kong's legal and judicial systems. According to the provisions of the Basic Law, the criminal law of the PRC will not be applied in the HKSAR.
KIPAHF/1
CONFIDENTIAL
CC