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Government's position on garrison and the law
The Government would expect the future legal framework governing the garrison to be one which is familiar to the people of Hong Kong to ensure its acceptability, a spokesman for the Security Branch said today (Monday).
Speaking after branch officials attended a meeting of the Legislative Council Panel on Security on the Government's position on garrison and the law after 1997, he said "Greater clarity is needed in determining whether local courts or courts outside HKSAR should have jurisdiction."
"At present, criminal cases to be tried in military courts are confined to very limited circumstances only," he said.
"Only when the alleged offence is against another member of the garrison, or is against the property of the UK Government or other garrison members, or arises out of and in the course of his duty, will the case be dealt with in military courts."
Even under such circumstances, the normal practice now is to hand over a case to Hong Kong courts if an offence resulted in a serious incident or injury to a civilian, or if there is a civilian accomplice.
"A soldier may commit an offence whilst he is on duty but such an offence not have arisen out of and in the course of his duty." the spokesman explained.
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"Drink driving whilst a soldier is on duty is a classic example. At present, such cases involving criminal charges will be dealt with by Hong Kong courts.
"We believe this present arrangements in respect of criminal jurisdiction should continue to apply in respect of the future garrison law.'
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On civil cases, the spokesman said the Government's view was that any civil cases involving the future garrison should be dealt with in Hong Kong courts.
He pointed out that all members of the British Forces were now subject to the civil jurisdiction of Hong Kong courts irrespective of whether they were acting in the course of their duties.
"One example is a traffic accident involving a British soldier carrying out an urgent messengerial duty. The civilian whose vehicle has been knocked down during the accident can sue the British soldier locally," he said.