TNAG-1316-FCO40-1716-Future-of-Hong-Kong-preparation-of-the-Joint-Declaration-1984 — Page 16

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Redacted under FOI Exemption S 27 (1)

freedoms, and the attitudes of the Chinese authorities to

the justiciability of those rights and freedoms. In short,

is there a possibility that the fundamental rights chapter

of the Basic Law will have a higher status than the laws

of the SAR and will the system allow the courts to resolve

any inconsistencies? This is not a matter on which I am

in a position to advise.

That does not necessarily exclude

the resolution of inconsistencies between different laws

along the lines of the precedents. However, if the Chinese

were to classify the resolution of such inconsistencies as

a matter of constitutional interpretation (and we were

unable to move them from that approach) they might well

maintain the line that this is not a function of the courts

(which was confined to "judgment and punishment"), but of a

political organ: cf Article 67 of the PRC constitution:-

"The Standing Committee of the National Peoples

Congress exercises the following functions

and powers:

(1) To interpret the Constitution and

supervise its enforcement

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/4.