TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 145

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

CONFIDENTIAL

Chinese constitution to apply to Hong Kong after 1997?

Conflict between Basic Law/Chinese constitution?

Possible

of Chinese

21. We expect Basic Law to make

Constitution apply to Hong Kong.

will conflict with the Chinese

drafting the Basic Law and will

Agreement makes absolutely clear that socialist system and policies practised on mainland will not be practised in Hong Kong after 1997.

clear which provisions

Cannot conceive that the Basic Law

Constitution. The Chinese will be

ensure that it does not conflict.

Responsibility for interpretation of Basic Law?

Powers of

22. The Basic Law will be one of the laws of the Hong Kong Special

Administrative Region. The Courts of the SAR must decide cases in

accordance with those laws.

final adjudication will be

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

court of the SAR i s to have the final responsibility for the

interpretation and application of the Basic Law. Key point

Basic Law will embody Chinese policies for

Joint Declaration and elaborated in Annex 1.

is the

in

Hong Kong set out

CONFIDENTIAL

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