THURSDAY, OCTOBER 18, 1984
5
THOROUGH
HE ADDED THAT THE PROVISIONS ILLUSTRATED THE UNDERSTANDING OF THE HONG KONG LEGAL SYSTEM THAT HAD BEEN ACHIEVED BY THE NEGOTIATORS ON BOTH SIDES PRIOR TO THE INITIALLING OF THE DOCUMENT AND THE COMMITMENT OF THE CHINESE GOVERNMENT TO THE MAINTENANCE OF THIS SYSTEM.
+ IT IS PARTICULARLY NOTICEABLE THAT THEY HAVE RECOGNISED THE IMPORTANCE OF HONG KONG SHARING IN THE ORGANIC DEVELOPMENT OF THE COMMON LAW SYSTEM, WHICH IS APPLIED IN MANY COURTS THROUGHOUT THE WORLD, + MR THOMAS POINTED OUT.
TO THE QUESTIONS RAISED BY THE HON WONG LAM AND THE HON KEITH LAM ABOUT THE FUTURE RELATIONSHIP BETWEEN THE LAWS OF HONG KONG, THE BASIC LAW AND THE CONSTITUTION OF CHINA, MR THOMAS SAID +THIS IS, OF COURSE, AN IMPORTANT MATTER AND IN THE FULLNESS OF TIME WILL NEED TO BE WORKED OUT IN A WAY THAT FULFILS BOTH THE SPIRIT AND THE LETTER OF THE JOINT DECLARATION.
+ IT WOULD NOT HAVE BEEN POSSIBLE AT THIS STAGE TO RESOLVE ALL THESE QUESTIONS IN DETAIL, 13 YEARS IN ADVANCE OF THE ESTABLISHMENT OF THE SPECIAL ADMINISTRATIVE REGION, AND BEFORE THE BASIC LAW IS DRAFTED.+
BUT HE ADDED THAT THE DRAFT AGREEMENT DID PROVIDE FOR THE FUTURE CONSTITUTIONAL STATUS OF THE SAR, WHICH WOULD BE ESTABLISHED IN ACCORDANCE WITH ARTICLE 31 OF CHINA'S CONSTITUTION.
+THE BASIC LAW WILL STIPULATE THAT THE SOCIALIST SYSTEM AND SOCIALIST POLICIES WILL NOT BE PRACTISED IN THE SPECIAL ADMINISTRATIVE REGION AND THAT HỌNG KONG'S CAPITALIST SYSTEM AND LIFESTYLE WILL REMAIN UNCHANGED FOR 50 YEARS.
+THE LAWS PREVIOUSLY IN FORCE IN HONG KONG WILL BE MAINTAINED EXCEPT FOR ANY THAT CONTRAVENE THE BASIC LAW, AND SUBJECT OF COURSE TO FUTURE AMENDMENT BY THE ELECTED LEGISLATURE OF THE SPECIAL ADMINISTRATIVE REGION.
+FINALLY, AND FUNDAMENTALLY, THE POLICIES SET OUT IN THE JOINT DECLARATION AND ELABORATED IN ANNEX MUST BE STIPULATED IN THE BASIC LAW.
+THE AGREEMENT THUS PROVIDES A CLEAR FRAMEWORK AND SPECIFIC GUIDELINES FOR THE DRAFTING OF THE BASIC LAW, + MR THOMAS SAID,
THE MOST IMPORTANT ACHIEVEMENT OF THE JOINT DECLARATION, HE SAID, WAS THAT IT CONTAINED VERY EXPLICIT PROVISION ABOUT THE SUBJECT MATTER AND THE DURATION OF THE BASIC LAW UNDER WHICH HONG KONG WOULD ENJOY ITS FUTURE BEYOND 1997.
MR THOMAS SAID HE RECOGNISED THE HON JOHN SWAINE'S RESERVATIONS AROSE FROM OTHER ASPECTS OF THE AGREEMENT AND NOT ITS LEGAL, PROVISIONS.
BUT HE POINTED OUT THAT IN HIS SPEECH OF JUNE 27, MR SWAINE HAD IDENTIFIED THE PRINCIPLES WHICH, IN HIS OWN WORKS, MUST BE TRANSLATED INTO PRACTICAL MEASURES FOR INCLUSION IN THE ARRANGEMENTS FOR THE FUTURE.
/MR THOMAS