TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 54

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

DSR 11 (Revised)

DRAFT: minute/letter/teleletter/despatch/note

FROM:

MR LUCE

DEPARTMENT:

SECURITY CLASSIFICATION|

TO:

Top Secret

Secret

Confidential

Restricted

Unclassified

Rt Hon John Morris QC MP

House of Commons

London SW1 OAA

TEL. NO:

TYPE: Draft/Final 1+

Reference

Your Reference

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PRIVACY MARKING

.In Confidence

CAVEAT............

SUBJECT:

In my speech winding up the debate on the Second Reading

of the Hong Kong Bill on 21 Janaury, I said that I would

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

not answered. You raised the question of judicial

review in case of a clash between the law of Hong Kong

and the Basic Law.

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

The agreement provides for the power of final judgement

of the SAR to be vested in the

of final appear in

court

the SAR, but it does not determine in detail the

composition and functions of the Court, or the procedures

by which cases will be brought before

it.

However what

is clear is that the Basic Law will be one of the laws of

the Hong Kong Special Administrative Region and the

courts of the SAR (including of course the final court of

appeal) will be obliged to decide cases in accordance

with these laws.

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