TNAG-1753-FCO40-2473-Future-of-Hong-Kong-Parliamentary-debates-1988 — Page 111

AIDAFI

4.

Judicial system

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We welcome the provisions in the draft Basic Law for the continuation of Hong Kong's common law system and for an independent judiciary. We note also that there is provision for final judgement to be vested in Hong Kong, in accordance with the Joint Declaration. We are aware of concern in Hong Kong that the independence of the judiciary could be restricted by the power of the National People's Congress to determine the validity of laws enacted by the SAR legislature and to place restrictions on the jurisdiction of the SAR Courts. It is right that such concerns should be voiced and I am confident that the Basic Law Drafting Committee will take them into account. But it will be necessary to have some provisions in the Basic Law on the relationship between the courts and the National People's Congress. And it should be remembered that certain restrictions on Hong Kong Courts already exist under the present system.

5.

Relationship between the Basic Law and the PRC Constitution?

We believe that the draft Basic Law defines with some clarity the constitutional relationship between Hong Kong and the central authorities. There will be specific areas where the SAR has autonomy, as well as specific areas where the Central People's Government will have powers available to it. This arguably implies a clearer degree of autonomy than the present situation, where HMG's powers are not clearly defined and we retain the ultimate theoretical right to direct the Hong Kong Government across the board. It is also gratifying to see the clear statements in the draft Basic law that socialist policies will not be practised in the SAR and that Hong Kong will retain its capitalist system and lifestyle for 50 years. These provisions displace the Chinese constitution so far as its application to the Special Administrative Region is concerned.

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