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Note 3
Basic Law: Legal Issues
The debate over the
the drafting of the Basic Law has brought to light a number of legal issues which are of considerable significance for the people of Hong Kong. We believe there would be advantage in discussing these informally and in confidence between British and Chinese legal experts.
A.
2.
Relationship between the Basic Law and the Constitution of the People's Republic of China Annex I, Section I of the Joint Declaration provides inter alia that the Basic Law will be enacted under Article 31 of the Constitution of the People's Republic of China
of China and shall stipulate that
that the socialist system and socialist policies shall not be
not be practised in the Hong Kong SAR, and that Hong Kong's previous capitalist system and lifestyle shall remain unchanged for 50 years. Annex I, Section II of the Joint Declaration also provides that the laws of the Hong Kong SAR shall be the Basic Law,
Law, and the laws previously in force in Hong Kong and laws enacted by the Hong Kong SAR legislature.
3.
There are, however, fears in some quarters in Hong Kong that the possibility of a conflict between some provisions of the Constitution of the People's Republic of China and the provisions of the Joint Declaration may erode the guarantee provided by the latter. In order to meet these fears, there have been suggestions that some explicit provision should be made in the Basic Law to clarify the position.
A.
a
highly complex area,
We recognise this is touching on the implementation of the Joint Declaration. However it would seem to us that if it is examined in the light of possible problems which might arise in practice, ways can be found which will help to resolve these fears. Legal experts of the British side stand ready
stand ready to discuss the various issues with Chinese legal experts informally and in confidence.
B.
Application of Basic Statutes of the People's Republic of China to the Hong Kong SAR
is whether, apart from the Constitution of the People's Republic of China, there are "basic statutes" of the People's Republic of China considered would be applicable to the Hong
5.
other which
A related question
it is Kong SAR.
G.F. 316
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