TNAG-1844-FCO40-2619-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 22

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TRANSCRIPT A HONG KONG SELECT COMMITTEE MEETING 22 MAR 89

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MK LESTER (CONT):

It said that the laws currently in force in Hong Kong will

remain basically unchanged. But in Article 159 of the Draft Basic

Law it provides: "that the laws previously enforced in Hong Kong

shall be adopted as law of the region except for those which the

Standing Committee of the National People's Congress declare to be

Luconsistent with this law.

to you.

And

That really raises two questions which I would like to put

First of all, are the powers given to the Standing

Committee by this Article consistent with the legislative and

independent Judicial power provided by the Joint Declaration?

secundly, are the powers of interpretation of the law given to the

Standing Committee by Article 157 consistent with the promise of

final adjudication in the Joint Declaration?

FOREIGN SECRETARY:

Yes I think that it is important to look at the whole clutch

of Articles on this because you raise a very crucial point.

If you look at Article 19, that aims to ensure that the

courts in Hong Kong shall have the same jurisdiction as at

present. But that Article, as you will see, has not yet been

approved by the Drafting Committee because the drafting, in their

view, could be improved. That is one of the key starting points.

(KED OF TRANSCRIPT A, CONTINUED ON TRANSCRIPT B) NNNA