TNAG-1754-FCO40-2474-Future-of-Hong-Kong-Parliamentary-debates-1988 — Page 246

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CONFIDENTIAL

English text to be able to function properly.

See force in

arguments for an official text. Sure these views will emerge during public consultation process.

JUDICIAL SYSTEM

[For Governor, officials, ExCo]

Need to have some machinery in these areas to determine to where power lies. Also need to remember that disputes as Hong Kong will have "high degree of autonomy", not "independence".

[For general use]

Have noted criticisms, on eg NPC's power to determine validity of laws enacted by SAR legislature; application of laws enacted by NPC; restriction on jurisdiction of SAR courts; interpretation of Basic Law. Need to have some provisions to determine relationship between SAR and Central People's Government in these areas. recognise that this is particularly sensitive area, where relationship must be got right. Made this clear in House of Lords

debate.

But

If particular concerns are strongly felt in Hong Kong, we shall

Confident Basic Law Drafting refect these to Chinese Government.

Need to remember this is Committee will take them into account.

first draft.

On maintenance of existing judicial/legal system, draft Basic Law clearly provides for continuation of present, common law system (Articles 8 and 17), and for an independent judiciary (Articles 84-94). Power of final judgement also vested in the Hong Kong

courts (Article 81).

RELATIONSHIP BETWEEN BASIC LAW AND PRC CONSTITUTION?

There will

as well as

Basic Law defines with some clarity the constitutional relationship between Hong Kong and Central authorities. be general and residual area where SAR has autonomy, specific areas where Central People's Government will have powers

available to it.

This arguably is improvement on present position, implying a clearer degree of autonomy, since at present HMG retains ultimate right in law to direct Hong Kong Government across the board.

CONFIDENTIAL