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TNAG-1844-FCO40-2619-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 28

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

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TRANSCRIPT B: HONG KONG SELECT CONKITTEN RÆFTLIG

22 MAR 89

-6-

AN.

TEMPLE- AORRIS:

I would just like to follow-ot Mr. Lawrence's questions

which tended to concentrate on article 18 and related articles,

including 157, and just move on to article 19 which I appreciate,

as the Foreign Secretary has told us, has not yet been agreed, but

nevertheless, that does seem to be very relevant through the

amunt of sovereignly that will be exercised by Peking over Bong

Kong and I quote from article 19: *Courts of the Kong Kong

Special Administrative Region shall have no jurisdiction over

cases relating to the acts of state. Courts of the region shall

obtain a statement from the Chief Executive on questions

concerning the facts of state whenever such questions arise in any

legal proceedings. The statement shall be binding on the

courts.

And then, there is an additional provision: "The Chief

Executive shell obtain a certificate from the Central People's

Government to issue such a statement" which amounts to an

Executive direction over the courts.

amplify.

I am just wonderintg whether the Foreign Secretary could

We may be in translation difficulties here in one

statement saying "acts of state* and another statement in the

Article saying "facts of state, but I think we

much with the same thing

are dealing very

SAVE AZÚ

How much attention does the Furciɣu Seniētāīj

much can he illuminate the details of what can constitute acts of

state, because basically almost anything can be an act of state

and the Chief Executive has clear power exercised through Peking

to direct the judiciary accordingly.

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