system. It should also reflect the substance and basic spirit of the Sino-British Agreement on the future of Hong Kong. The preamble should be a standing direction on the interpretation of the Basic Law and its position under the Constitution of China. (b) The general principles or directive principles should lay down the basic spirit and policies to be adopted by the HKSAR Government. It should reflect the general wishes of the Hong Kong people. Directive principles in our view should contain those import- ant policies which the Central Government is readily prepared to allow the HKSAR Government to adopt, but about which Hong Kong people have expressed worries as to whether such policies would be respected by the Central Government in the years to come. Such principles should include the fol- lowing:
that the HKSAR is allowed to retain its existing capitalistic system and private ownership for at least 50 years; that the economic system of Hong Kong is independent, self-regulatory and self-sufficient; that the Hong Kong Government should retain its existing independent financial and monetary system; that the Hong Kong Government should continue its existing policy not to impose any foreign exchange control and should preserve Hong Kong as a free port; that both the Chinese and the English languages shall be used in the proceedings of Government and the Courts as official languages with equal
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But it should be pointed out that the above directive principles should not in any way affect or prejudice the self-governing powers or any other power vested in the HKSAR Government by law or the Basic Law. These general principles should only be standing direct- ions to the Government but should not be enforceable by the Courts.
(c) A bill of rights, if it is to form part of our legal system, would be something new to Hong Kong. We do not at present have any separate bill of rights and basic human rights are adequately protected by the existing legal system. Why should we have a bill of rights for our new government? To the new government of Hong Kong, a bill of rights may have the following significance and functions:
It marks the spirit of the Bssic Law
It may function as standing directions to the legislators of the HKSAR
- It may have legal effect: All laws which are contracy to the bill of rights may be declared invalid by the Courts.
We would think that a bill of rights for Hong Kong should have the first two functions as mentioned above; but the first two functions as mentioned above; but the third is more controversial. For instance, would it serve any real purpose for Hong Kong to introduce constitutional litigation related to a bill of rights? Can Hong Kong afford to pay for the substantial expenses to be incurred in this sort
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