TNAG-1754-FCO40-2474-Future-of-Hong-Kong-Parliamentary-debates-1988 — Page 161

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that there should be express provisions - not merely

referential ones for fair and public trial, and

the presumption of innocence until guilt be proven; and

that there should be provisions against discrimination

in the application of the law.

I am sure that the Chinese authorities too will have been listening carefully to the points which have been made.

3. Judicial system

We welcome the provisions in the draft Basic Law for the

continuation of Hong Kong's common law system [Article 81 and for an independent judiciary [Articles 18 and 84]. We note also that there is provision for final judgement to be vested in Hong Kong

[Article 18], in accordance with the Joint Declaration. We are

aware of concern in Hong Kong that the independence of the judiciary

could be affected by the powers of the National People's Congress

and the Central People's Government. 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 should be remembered

that there are certain restrictions on the jurisdiction of the

Hong Kong Courts under the present system. And some provision on the relationship between the central authorities and the institutions of the Hong Kong SAR will have to be included in the

Basic Law.

We welcome recent statements by Chinese officials who visited Hong Kong that they had taken careful note of comments put to them

and would reconsider the draft in the light of those comments.

4.

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 a general area 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

It is also gratifying

a clearer degree of autonomy than at present.

to see the clear statements in the draft Basic law that socialist

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