TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 148

CONFIDENTIAL

will conflict with the Chinese Constitution. The Chinese will be

drafting the Basic Law and will ensure that it does not conflict. Agreement makes absolutely clear that socialist system and policies practised on mainland will not be practised in Hong Kong after 1997.

Responsibility for interpretation of Basic Law?

18. The Basic Law will be one of

of the laws of the Hong Kong Special

Administrative Region. The Courts of the SAR must

SAR must decide cases in

accordance with those laws. Powers of final adjudication will be

vested in those courts. The agreement does not however say which

court of the SAR is to have the final responsibility for the interpretation and application of the Basic Law. Key point is the

Basic Law will embody Chinese policies for Hong Kong set out in

Joint Declaration and elaborated in Annex 1.

UNDERTAKINGS BY HMG TO HONG KONG PEOPLE

General reference to admission of persons at risk

19. In certain very limited cases certain rights of admissions will

exist under the discretion of the Home Secretary in the United

Kingdom but that will be on a very limited basis for people who have

been exposed to special considerations and special factors.

would be inappropriate to disclose the categories and numbers of people involved or the special considerations and factors concerned.

Specific reference to giving undertakings/assurances

I t

These

20. Assurances have been given by HMG to people in Hong Kong that,

because of their service to the Crown, if they wish to apply they

will be permitted to settle in the UK and rema in here. assurances extend to the spouse and dependent children under 18 of those concerned. I t is intended that the arrival of these people

will be phased over a number of years.

Vietnamese Refugees

21.

9

We are making every effort in cooperation with the United

Nations High Commissioner for Refugees and other countries to seek permanent solutions for

for the refugees who are in Hong Kong and other

places of first asylum.

CONFIDENTIAL