TNAG-1845-FCO40-2620-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 101

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responsibility of the national government and that's in Appendix 3

In fact I think it's the.... It's quite a a narrow list of provisions. remarkable small list of national laws which will apply to Hong Kong. Is it those six lists of national laws to which 157 and 159 apply ?

Governor:

manage

of

have

did i

it

I think 159 is a question of how do you the transition: between then end of June 1997 and the first 1997.

as I understand it. and I do it's for that. 157. is. 25 keey prefacing these remarks by saying I am not a lawyer, not

as case in which draft

it.

As I understand it is to deal with a came to a final judgment in Hong Kong, the case rested on what was the defence. meaning of what is in the Basic Law on a subject relating to

and the region. affairs. foreign

relations between the centre

are six. I think it is. laws which Annex 3 which is the list of the

to Hone Chinese laws but which apply to Hong Kong, they would apply Kong and they would be adjudicated within the Hong Kong courts because they would have been re-applied by legislation or proclamation in Hong Kong so the Hong Kong courts would rule on them.

0:

So

157 isn't

as sweeping a

provision

as

might on the

surface seem.

Governo

Well, I take as dealing with that final on what dres a particular word mean problem when the whole thing rests

Hong Kong when it relates to something outside the autonomy of the

particular points SAR. I don't know how often in the future those will ever arise in a Hong Kong court of law. but that is to deal that final sort of long-stop position.

Q:

with

legal

come

governing

I wonder if we could leave that world of interpretation, which does get rather labyrinthine at times, and to economics and business and the articles in the Basic Law Ian Taylor has some comment. taxation and public finances.

Ian Taylor:

matters that

in the

finances.

Article 105 concerns the other velve been discussing because it does seem to enshrine what Joint Declaration was talked about with the independent the SAR. That's your interpretation to it?

Governor! Declaration

clear 15 It Absolutely. that Hong Kong looks after its own finances and

to the Central People's Government. Indeed on -dõesn't pay taxes to the

Government said also it would look things. the Central People's the Cost of all military forces in the BAR. So there is

from the SAR to the Government in Peking. and that payment down clearly as you say in Article 105.

from

the

Joins

that

other after

to

be

is

laid

Q: and

monetary

have

Article 106 and 7 set out some admirable I entirely endorse and I would policies which they would be the benchmark of any

fiscal always

future Hong

Kong

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