XN000022-1996-11-09+10 — Page 9

8.

There seems to be some misunderstanding about our position on the garrison and the law after 1997. The position that we have put to the Legislative Panel is absolutely clear. We think that any civil cases, any cases involving a tort, should be dealt with in Hong Kong's courts. So far as criminal cases are concerned, we accept that where something is done on duty it should be dealt with under military law by the PRC but where it is off-duty we think it should be dealt with in Hong Kong courts. There is not very much difference, I don't think, between ourselves and Chinese officials on that second point, although we do want to be a little clearer about what on- duty and off-duty mean. We would like the definitions to be the same, roughly speaking, as they are today.

The real issue and the real point of difference between us is over the question of torts or civil cases. If you have a bump in a car with a PLA lorry, we think that should be dealt with in a Hong Kong court under Hong Kong law, not under Mainland law in a military court. And I think that is a very clear point, I think it is rather an important point for Hong Kong, and I hope that all those who are responsible for the future or may be responsible for the future administration of Hong Kong will recognise it.

Question: The Chief Executive Designate has come out in endorsement ...?

Governor: It did not seem to me that their endorsement reflected as full an understanding of the Hong Kong Government's position as I would have wished but 1 hope that I have now made the point clear.

Question: The Chinese side has stressed that the garrison law is the responsibility of the Chinese Government, not the Hong Kong Government. Can you say something about that?

Governor: But the Basic Law is perfectly clear on the position of the garrison and I would have hoped that the military law passed by the PRC would be in line with the letter and of course the spirit of the Basic Law on these matters. What we are talking about is important practical issues of day to day life and of course they relate to one or two fundamental principles, but I think the point that I have just enunciated would be accepted as fair by most people in this community and by most people in other communities. Thank you very much indeed.

End