10
22 March 1989]
MINUTES OF EVIDENCE TAKEN BEFORE
[Continued
of equity, ordinances, subordinate legislation and customary law) and laws passed by the legislature of the SAR, provided they do not contravene the Basic Law, which will stipulate the policies set out in the Joint Declaration.
Section III: The Judicial System
This section provides for the maintenance of Hong Kong's existing judicial system essentially unchanged. The system of appeals to the Privy Council will be replaced by a system based on a Court of Final Appeal in Hong Kong, which may as required invite judges from other Common Law jurisdictions to sit on it. The independence of the judiciary and the prosecuting authority, the obligation of the courts to decide cases in accordance with the law and other essential aspects of the present system, are clearly provided for.
Section IV: The Public Service
The main objective of the provisions in this section is to ensure the continuation in Hong Kong of an impartial, stable and effective public service. It states that serving officers will be able to continue in service on terms and conditions no less favourable than before. Their pensions and benefits will be paid by the SAR Government on terms no less favourable than before. It also provides for the continued employment of foreign nationals in all but the highest positions.
Section V: The Financial Systems
The key points in this section are that the SAR Government will determine its own fiscal policy; there will be no requirement to remit revenue to the Central People's Government; and the present systems of the accountability to the legislature for all public expenditure and impartial auditing of public accounts will be retained.
Section VI: The Economy and External Trade
The key elements in this important section are the provisions for Hong Kong's right to continue to determine its economic policies, including trade policies, according to its own needs; the continuation of its free enterprise system, free trade policies and the free port; and the continuation of individual rights and freedoms in economic matters.
Section VII: The Monetary System
This section provides for the continuation of all the essential elements of Hong Kong's monetary system, in particular a freely convertible currency, and the right of the Hong Kong authorities to manage the Exchange Fund (which provides the backing for the note issue and is used to regulate the exchange value of the currency).
Section VIII: Shipping
This section preserves Hong Kong's position as a major shipping centre by providing for the continu- ation of the existing systems of shipping management and regulations. It stipulates that Hong Kong will have its own Shipping Register, and provides that merchant shipping will have free access to Hong Kong ports.
Section IX: Civil Aviation
This Section provides for the maintenance of Hong Kong's role as a major centre of regional and international air services. An important provision is that all scheduled air services touching the Hong Kong SAR which do not touch the mainland of China will be regulated by separate agreements concluded by the SAR Government. The SAR Government will be given specific authorisation by the Central People's Government to negotiate its own air services arrangements and other bilateral air service arrangements. It will enjoy autonomy in many civil aviation matters (eg licensing local airlines, maintai- ning its own aircraft register).
Section X: Culture and Education
This section makes clear that Hong Kong will continue to be able to operate its own distinct system of education separately from that in other parts of China. It ensures that Hong Kong will continue to enjoy a varied cultural and intellectual life after 1997.
Section XI: External Relations
The importance of this section is that it brings out the fact that, while defence and foreign affairs are the responsibility of the Central People's Government, the Hong Kong SAR will manage on its own certain aspects of its external relations. In particular, the SAR would be able, authorised as necessary by the CPG, to negotiate agreements and participate in international organisations in appropriate fields. It also envisages the continued application to Hong Kong of international agreements and Hong Kong's
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