RECE
нко
IN BEC
324/1
- 6 SEP 1991
i
IN
Mr Cox
PS/Lord Caithness
Private Secretary
CONFIDENTIAL
FROM:
J C Morris
Hong Kong Department
DATE:
30 August 1991
CC:
Mr Burns o/r
HONG KONG LEGAL SYSTEM POST 1997
Mr Cornish, News Dept
Ms Barrett, Legal
Advisers
OSMANL 66
1. The Secretary of State has asked for advice on a 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.
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
CC
CONFIDENTIAL
Page 255Page 256