4
conclusions of Professors Ghai and Chiu in their Opinions that if
transferred after 1997 to the mainland of China "the prisoner can
be lawfully charged under the laws of the PRC with respect to the
same or similar charges for which he has already been sentenced,
and/or new offences arising from the same facts despite his
extant conviction." I am advised and verily believe that neither
the evidence relied on by the Government of Hong Kong nor the affirmation of the Applicant contains any suggestion that any of the acts of which the Applicant is accused were committed within
nor had any effects within the mainland of the People's Republic
of China.
8.
I am advised and verily believe that the law of Hong Kong precludes the transfer of serving prisoners out of Hong Kong without the consent of the prisoner himself and that of the Hong Kong Government. Under Article 8 of the Basic Law, the laws
previously in force in Hong Kong shall be maintained, except for
any that contravene the Basic Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative
Region.
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