mind that the drafting of the Basic Law is at an early stage, the following draft provisions are relevant. Draft article 10 of Chapter I of the Basic Law provides as follows:-
"In accordance with Article 31 of the Constitution of
the PRC, the policies and systems in the Hong Kong SAR, including the social and economic systems: the system for safeguarding basic rights and freedoms: and the systems regarding executive, 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".
Draft article 2 of Section 4 of Chapter IV provides as follows:
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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";
Draft article 16 of Section 4 of Chapter IV provides as follows:-
"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".
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
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