16.
I.A.
Extradition powers come within the field of foreign affairs,
and its basic framework is regulated by international law (see.
Shearer, Extradition in International Law (1971), page
22;
Hans Schulz, "The General Framework of Extradition and Asylum" in
Bassiouin and Nanda (Editors) A Treatise on International
Criminal Law, Volume 2 (1973), page 309). The law of extradition
rests on the principle of state sovereignty (see. Schulz above,
and Bassiouni in the same volume, who state that extradition
involves acts of sovereignty on the part of two states, page
347). The concern of the PRC with sovereignty is well-known.
Although the primary purpose of the Basic Law is to grant autono-
my for internal affairs to the HKSAR, the theme of state (ie.
PRC) sovereignty runs as a leitmotive through it. The preamble
talks of the resumption of sovereignty over Hong Kong and uphold-
ing national unity and territorial integrity, Article I says that
the HKSAR is an inalienable part of the PRC, Article 2 makes
clear that the autonomy of the HKSAR is a dispensation from the
National People's Congress, Article 12 states that the HKSAR
shall be a local administrative region of the PRC and come di-
rectly under the Central People's Government, etc.
17. The PRC regards extradition as a matter touching sovereignty
and falling within its own competence. All powers with regard to
foreign affairs remain with the FRC. Nowhere is the HKSAR given
power on its own to deal with extradition matters. It must
therefore be concluded that the powers to legislate or to make
any arrangements in respect of extradition do not fall within the
11