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TUESDAY, JANUARY 29, 1985
MR H.L.C. GREIG, (BALTIC EXCHANGE): YOU SAID THAT THE LAW WILL REMAIN THE SAME LAW AFTER 1997. DOES THAT ALSO APPLY TO THE CRIMINAL LAW, BECAUSE, AS I UNDERSTAND IT, QUITE DIFFERENT JCTIONS APPLY FOR OFFENCES IN THE PEOPLE'S REPUBLIC, THAT ARE NOT OFFENCES IN HONG KONG. THE PENALTIES ARE QUITE DIFFERENT IN THE PEOPLE'S REPUBLIC FOR THE ACTUAL OFFENCES, THAN THEY ARE IN HONG KONG.
SIR EDWARD BASICALLY, YES. THERE IS NO DISTINCTION MADE IN THE AGREEMENT BETWEEN CRIMINAL AND CIVIL LAW. BUT THE AGREEMENT SAYS THAT UNLESS THE LAW CONFLICTS WITH THE BASIC LAW IT WILL REMAIN IN EFFECT. THIS IS A SLIGHTLY CIRCULAR ARGUMENT, IN THAT THE AGREEMENT ALSO SPECIFIES THAT WHAT IS IN THE AGREEMENT SHALL BE IN THE BASIC LAW. SO YOU START WITH WHAT IS IN THE AGREEMENT, THAT GOES INTO THE BASIC LAW AND, PROVIDING THE LAW OF HONG KONG DOES NOT CONFLICT WITH IT, HONG KONG LAW REMAINS IN EFFECT. INDEED, THE REFERENCE TO THE CONFLICT OF LAWS IS LARGELY TO THE CONSTITUTIONAL POINTS, RATHER THAN TO THE SUBSTANCE OF THE LAW. THE COMMON LAW REMAINS. SO I WOULD NOT EXPECT TO SEE ANY MAJOR CHANGES IN THE CRIMINAL LAW OF HONG KONG. THE LEGISLATURE OF HONG KONG, OF COURSE, WILL BE ABLE TO LEGISLATE. SO IF THEY DECIDE, AS A LEGISLATURE TO AMEND, THEY WOULD HAVE THE POWER TO DO SO. BUT THERE IS A FAIRLY STRONG ATTACHMENT TO THE SYSTEM OF LAW WHICH IS THERE NOW, WHICH I WOULD EXPECT TO REMAIN.
SIR NICHOLAS GOODISON ANYONE ELSE? (NO REPLY) I THINK THEY HAVE RUN OUT. SIR EDWARD. I THINK WE WILL ALL AGREE THAT WE HAVE HAD A VERY STIMULATING EVENING, AND I THINK MY THANKS ARE DUE TO YOU ALL FOR COMING THIS EVENING. WE SHOULD PARTICULARLY THANK HIS EXCELLENCY THE AMBASSADOR OF THE REPUBLIC OF CHINA AND LORD MACLEHOSE, SIR EDWARD'S PREDECESSOR, WHO ARE BOTH HERE SITTING IN FRONT OF ME. I KNOW THAT BOTH OF THEM WILL - AT LEAST I HOPE THEY WILL BE WILLING TO TALK TO YOU AFTERWARDS OVER THE INFORMAL SUPPER THAT WE ARE NOW INVITING YOU TO.
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I AM SURE SIR EDWARD WOULD ALSO LIKE TO CONTINUE ANSWERING ANY QUESTIONS THAT YOU HAVE DURING SUPPER.
I THINK IT ONLY REMAINS FOR ME TO THANK SIR EDWARD, BOTH FOR THE CONFIDENCE WHICH HE EXPRESSES IN THE FUTURE OF HONG KONG, AND FOR THE CLARITY WITH WHICH HE TOLD US ABOUT HONG KONG, AND WITH WHICH HE ANSWERED YOUR QUESTIONS. THANK YOU VERY MUCH, SIR EDWARD.
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