香港總督府
RESTRICTED
HKC (12/1
Dear Peter,
طا
GOVERNMENT HOUSE
HONG KONG
10) Sty Mn Wye RAD WyeraD трій,
18 March 1992
M
187
Mr Baute
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Hong Kong : Chinese Book on the Basic Law
I am sorry it has taken so long to reply to your
letter of 23 December.
Thank you for sending us a copy of Rod Wye's translation of Chapter 10 of "One Country - Two Systems and Hong Kong's Legal System", edited by Xiao Weiyun (not Wany Xiau-yun). We understand that the book was published in May 1990, shortly after the promulgation of the Basic Law.
Although Xiao is a Mainland legal expert who was a member of the Basic Law Drafting Committee, Chapter 10 contains a number of factual inaccuracies about the Hong Kong civil service. This perhaps reflects a lack of understanding on the part of the author and highlights the need for us to take every opportunity to educate Mainland officials on our system.
We have the following comments on the specific points that you raise:-
(a)
of
We agree that judges and Legco members should not be included as "public servants". our records indicate that judges were always treated separately from public servants when questions concerning their employment and selection were discussed between the two sides. There are, course, public servants who work in the judiciary; but these are specified to be supporting staff (such as clerks, secretaries and interpreters), not judges. The permanent residence requirement for Legco members is of course laid down separately in BL 67.
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