Job No. 166880
HANSARD/JUL14:03
:
1878
HONG KONG LEGISLATIVE COUNCIL 14 July 1988
(II) On the independent judiciary and the power of final adjudication, let me say the following:
(1) Article 79 to 95 of the draft can be retained.
(2) Cases relating to laws enacted in Hong Kong or applicable to Hong Kong, involving action in Hong Kong, shall come under the jurisdiction of the courts of Hong Kong.
(3) Cases involving action in Hong Kong relating to other territories, including the Mainland, shall be dealt with in the courts of Hong Kong in accordance with Hong Kong's judicial procedures.
(4) The Central People's Government is entitled to initiating litigation in Hong Kong in accordance with the legal and judicial procedures in Hong Kong, including litigation on issues of extradition.
(III) Let me move on to the power of interpretation and the power of amendment.
(1) Since the judicial system previously practised in Hong Kong shall be retained, the power of interpretation of Hong Kong's laws, including the Basic Law, can be reasonably and satisfactorily resolved by the Standing Committee of the National People's Congress authorising the court of final appeal in Hong Kong to interpret according to the law. (2) The power of amendment may similarly be resolved by the Standing Committee of the National People's Congress authorising the Hong Kong Legislative Council to amend according to law. However, as a minimum requirement, the Legislative Council shall enjoy full powers of proposing amendments to the Basic Law.
(3) The Standing Committee of the National People's Congress is entitled to approve or reject proposals for amendment to the Basic Law but the agreement of Hong Kong Legislative Council must first be sought. (4) Any changes to the interpretation of this law shall not have retrospective
effect.
(IV) The Hong Kong Committee on the Legal System.
(1) The Standing Committee of the National People's Congress may estab-
lish in Hong Kong a Hong Kong SAR Committee on the legal system. (2) The Committee would be a statutory advisory body of the Standing Committee of the National People's Congress in Hong Kong, respon- sible for giving advice on resolving legal differences between central and local systems in legislative, judicial and adjudicatory matters. Such matters should include the Basic Law and Hong Kong's previous legal system and laws.
(3) The committee should comprise members from the legal and judicial fields in the Mainland and Hong Kong, deputies to the National People's Congress, Legislative Councillors and representatives from commercial
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