TNAG-1839-FCO40-2614-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 84

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

COHAKZ

ANNEX 1

SUMMARY OF MAIN PROVISIONS OF FIRST ANNEX TO THE JOINT DECLARATION

Section I: Constitutional Arrangements and Government Structure

The key points in this section are that a Basic Law will be enacted by China, stipulating that the socialist system and socialist policies practised in the PRC shall not be extended to the Hong Kong Special Administrative Region (SAR) and that Hong Kong's capitalist system and lifestyle shall remain unchanged for 50 years. Except in relation to foreign affairs and defence the Hong Kong SAR will enjoy a high degree of autonomy, including executive, legislative and independent judicial power. The Government and Legislative of the Hong Kong SAR will be composed of local inhabitants. The Chief Executive will be selected by election or through consultations held Locally and will be appointed by the Central People's Government. The Legislature will be constituted by elections. The executive authorities will be required to act in accordance with the law and

will be accountable to the legislature.

Section II: The Laws

This section describes how the Hong Kong SAR will have its own

system of laws after 1997. The Law of the SAR will include the common law and laws passed by the Legislature of the SAR. Hong Kong Lwas and those enacted after 1997 by the legislature will be valid provided they do not contravene the Basic Law, which will stipulate the policies stated in the Joint Declaration.

Section III: The Judicial System

This section provides for the maintenance of Hong Kong's existing legal system essentially unchanged. The system of appeal to the Privy Council will be replaced by a system based on a Court of Final Appeal in Hong Kong. The independence of the judiciary, the obligation of the courts to decide cases in accordance with the law

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