12
Constitutional
Position
of the Judiciary
after 1997
(Chapter IX).
(a)
19 of the
So as to limit
Hong
Kong Special
to defence and
and that the further
State such as defence and
Article be deleted. This
The Commission suggests that Article
Basic Law should be modified
exclusion of jurisdiction of
Administrative Region courts
foreign affairs only
limitation of "acts of
foreign affairs" in that
formulation does suggest that the term "acts of
state" could be given a broader meaning than that
currently ascribed to it under common law. But as
has been
pointed out before even if the words
"such as "were omitted
the problem would not go
away because it is not clear whether the Chinese
Peoples Government and its servants are amenable
to the jurisdiction of the Hong Kong Special
Administrative Region courts.
The local courts
is
will be the courts of a local government and their jurisdiction
inevitably subject to
territorial limitation.
a
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