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125561 MDLOAN 3051
LEGISLATIVE AND JUDICIAL MATTERS SHALL BE BASED ON THE PROVISIONS IN THIS LAW. LAWS ENACTED BY THE HONG KONG SAR LEGISLATURE SHALL NOT CONTRAVENE THIS LAW UNQUOTE.
DRAFT ARTICLE 2 OF SECTION 4 OF CHAPTER IV PROVIDES AS FOLLOWS: QUOTE ...THE JUDICIAL SYSTEM PREVIOUSLY PRACTISED IN HONG KONG SHALL BE MAINTAINED EXCEPT FOR THOSE CHANGES CONSEQUENT UPON THE ESTABLISHMENT OF THE COURT OF FINAL APPEAL OF THE HONG KONG SAR UNQUOTE.
DRAFT ARTICLE 16 OF SECTION 4 OF CHAPTER IV PROVIDES AS FOLLOWS:- QUOTE THE PRINCIPLES APPLIED, AND THE RIGHTS ENJOYED BY PARTIES CONCERNED, PREVIOUSLY IN HONG KONG SHALL BE MAINTAINED FOR THE CONDUCT OF CRIMINAL AND CIVIL PROCEEDINGS IN THE HONG KONG SAR
UNQUOTE.
YOU ASK FOR AN ASSURANCE THAT NEITHER THE BASIC LAW NOR ENACTMENTS OF THE HONG KONG SAR LEGISLATURE WILL ALLOW THE TRANSFER OF PRISONERS FROM THE HONG KONG SAR TO OTHER PARTS OF THE PRC. I AM SURE THAT, ON REFLECTION, YOU WILL APPRECIATE THAT WE CANNOT GIVE AN ASSURANCE IN THESE TERMS IN RESPECT OF THE LAW OF WHAT WILL BE A FOREIGN SOVEREIGN STATE. IN ADDITION, IT IS NOT REALISTIC TO SEEK TO EXCLUDE THE TRANSFER OF PERSONS ACCUSED OR CONVICTED OF CRIME FROM ONE PART OF A STATE TO ANOTHER. IT WOULD BE PERFECTLY PROPER FOR PROVISION TO BE MADE FOR THE RENDITION OF FUGITIVE CRIMINALS FROM ONE PART OF THE STATE TO ANOTHER. IT WOULD ALSO BE PERFECTLY PROPER FOR PROVISION TO BE MADE FOR PERSONS CONVICTED IN ONE PART OF A STATE TO SERVE THEIR SENTENCES IN ANOTHER PART IN WHICH THEY ARE NORMALLY DOMICILED: WE HAVE TAKEN POWERS TO FACILITATE SUCH ARRANGEMENTS BETWEEN STATES IN THE REPATRIATION OF PRISONERS ACT 1984. THE IMPORTANT POINT TO KEEP IN MIND IS NOT THE EXISTENCE OF ARRANGEMENTS FOR RENDITION OR TRANSFER BUT THE NEED TO ENSURE THAT THERE ARE APPROPRIATE LIMITS ON JURISDICTION AND SAFEGUARDS ON RENDITION AND TRANSFER, AND IN THIS RESPECT WE ARE, OF COURSE, MINDFUL OF THE KIND OF PROVISIONS THAT ARE MADE IN THE FUGITIVE OFFENDERS' ACT AND IN THE 1984 ACT.
NOR DO I THINK IT REASONABLE TO ASK FOR AN ASSURANCE, IN THE TERMS OF YOUR LETTER, THAT THE PRC ADVISE US THAT ACTS OF CRIMINALITY IN THE TERRITORY OF HONG KONG ARE NOT DEEMED TO BE ACTS WITHIN THE TERRITORY OF THE PRC. HONG KONG WILL BE PART OF THE TERRITORY OF THE PRC. WHAT I CAN DO, HOWEVER, IS TO REPEAT
SYSTEM AGAIN THAT HONG KONG WILL HAVE ITS OWN LEGAL AND JUDICIAL WHICH WILL BE A SEPARATE LEGAL AND JUDICIAL SYSTEM FROM THAT IN EFFECT IN THE REST OF THE PRC. THE JOINT DECLARATION PROVIDES
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