Kong becoming effectively politically subverted and becoming as it is in
the rest of China simply an extension of the Chinese Communist Party?
As I mentioned
(Mr Chamberlain) First of all I am not sure that it is right that
the Hong Kong people will have no redress internationally.
earlier, and I had overlooked it, there is an obligation in the Joint
Declaration for the Chinese to fulfil the reporting requirements under the
International Covenants so to that extent the UN Human Rights Committee
would be able to examine the situation in Hong Kong. So far as the courts
are concerned the Chinese have accepted that the common law will continue
in Hong Kong and that Chinese national laws
Basic Law "shall not be applied in the
#
•
...
this is Article 18 of the
Special Adminsitrative Region
These I think are laws in
except for those listed in Annex III
relation to flags, national day, anthems and so on. There is therefore an
obligation in the Basic Law which, as I said, is Chinese law, that Chinese
national laws will not be applied to the Hong Kong Special Administrative
Region. So I think that, coupled with the obligation that the present
system and common law will continue with the existing courts, is the
safeguard so far as the abuse of human rights and other concerns that you
have.
87.
Chairman
We heard about the so-called Preparatory Work Sub-Committee,
the Preparatory Committee of the Hong Kong special region set up in July.
Does that have any status or locus in getting some of these agreements
forward or unravelled in the logjam of legal arrangements?
(Mr Chamberlain) No, that has no status so far as we are concerned.
Legal questions are dealt with in the Joint Liaison Group which is set up
as part of the Joint Declaration. This is entirely a Chinese unilateral
body, a body which they set up.
26