TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 97

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be aborted.

This would be

undesirable and would contravene the

Joint Declaration provision quoted in para 7 above.

11. That of course is not to say that the SAR courts could enquire

into the substance of decisions

of decisions of the CPG concerning foreign and

defence affairs: such matters are reserved for the CPG. Thus, if

the SAR's courts needed to establish, for example, whether a state

is recognised by China, or whether China is in a state of war with another state, the courts would be bound by (and would not be able

to inquire further into) an authoritative CPG ruling on the matter.

Thus, according the SAR's courts the ability to interpret those parts of the Basic Law dealing with foreign and defence affairs would not infringe China's sovereignty or the jurisdiction of

of the

CPG on foreign and defence affairs.

D.

INDIVIDUAL RIGHTS AND FREEDOMS

12.

fundamental

importance to the

the preservation of

A further area which is of

maintenance of confidence in Hong Kong is individual rights and freedoms as set out in the Joint Declaration.

13. Press reports in Hong Kong on discussions of this subject at

various Basic Law drafting and consultative fora suggest a great divergence of views. There have been suggestions that in order to preserve rights currently enjoyed by residents of Hong Kong, a quote Bill of Rights unquote should be enshrined in chapter III of the

Basic Law dealing with basic rights and obligations

inhabitants of the Hong Kong Special Administrative Region. idea of a "Bill of Rights" creates the following difficulties:

of the

The

(a) Substantial provisions regarding rights and freedoms exist in the common law and ordinances enacted in Hong Kong, and

attempt to

codify or catalogue them

omissions, confusion and

any

interpretation and enforcement.

unnecesary

would

difficulties

lead

to

in

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