TNAG-1325-FCO40-1737-Future-of-Hong-Kong-Parliamentary-debates-1984 — Page 53

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Would not have been right to attempt to lay down details 13 years in advance. Must allow for development between now and 1997. The agreement however states there will be an elected legislature, an executive accountable to the legislature, and a Chief Executive.

36. WHY WILL THE CHIEF EXECUTIVE OF THE SAR NOT NECESSARILY BE

ELECTED IF THE LEGISLATURE WILL?

The outcome of negotiation was provision that options would be left

open. Hard to predict rate of change over next 13 years But present evolution towards more representative procedures of selection will certainly continue towards 1997, in accordance with wishes of Hong

Kong people.

37. THE AGREEMENT SAYS THE GOVERNMENT OF THE SAR WILL BE MADE UP

LOCAL INHABITANTS. WHAT IS THE DEFINITION OF LOCAL INHABITANTS?

No definition in agreement. Will no doubt be defined by Basic Law.

38.

WHAT IS THE RELATIONSHIP BETWEEN THE AGREEMENT AND THE FREEN

PAPER ON CONSTITUTIONAL DEVELOPMENT?

The Green Paper deals with Hong Kong before 1997.

Britain will

remain responsible for administration of Hong Kong up to 1 July

1997.

SECTION II: THE LAWS

39.

SURELY THE PROVISION THAT THE LAWS HAVE TO BE IN ACCORDANCE

WITH THE BASIC LAW WILL ENABLE THE CHINESE TO CHANGE ANY LAW THEY

WANT?

The clear intention of the agreement is to provide maximum

continuity between the laws which apply in Hong Kong and those of

the SAR.

40. WILL CHINESE LAWS APPLY IN HONG KONG AFTER 1997?

In general Chinese laws will not apply.

SECTION III: JUDICIAL SYSTEM

41.

WHERE WILL THE COURT OF FINAL APPEAL BE?

The Court of final appeal will be in the SAR.

CONFIDENTIAL

Appeals will not

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