TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 52

DSR 11 (Revised)

DRAFT: minute/letter/teleletter/despatch/note

FROM:

MR LUCE

DEPARTMENT:

SECURITY CLASSIFICATION

TO:

Top Secret

Secret

Confidential

Restricted

Unclassified

Ivan Lawrence Esq QC MP

House of Commons

London SW1A OAA

TEL. NO:

TYPE: Draft/Final 1+

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.In Confidence

CAVEAT.......

SUBJECT:

In my speech winding up the debate on the Second Reading

of the Hong Kong Bill on 21 January 1985, I said that I

would write to those who had raised points that I felt I

had not answered. You raised the question of a supreme

court in Hong Kong to rule upon any conflicts between the

local law and the Basic Law and the question of the

future of Crown servants in Hong Kong.

Enclosures-flag(s).............

The agreement provides for the power of final judgement

of the SAR to be vested in the court of final appeal in

the SAR. The Basic Law will be one of the laws of the

Hong Kong SAR and the courts of the SAR (including of

Course the court of final appeal) will have to decide

cases in accordance with these laws. The key point is

that the Basic Law must stipulate those Chinese policies

for Hong Kong which are set out in the agreement. It

will be approved by the Chinese National People's

Congress, and no doubt those who draft it will ensure

that there is no conflict between the Basic Law and other

Chinese laws.