12
22 March 1989]
MINUTES OF EVIDENCE TAKEN BEFORE
[Continued
currently undertaken by the British forces. The existing Auxiliary Air Force will be reorganised to form a civil Government Flying Services Department, with responsibility for providing the Hong Kong Government with necessary flying services. The Chinese side have also expressed understanding of the provisional plans for the withdrawal of the British Garrison from Hong Kong, which have been outlined by the British side. Her Majesty's Government's primary objective in this crucial and sensitive area is to ensure that Hong Kong's security and stability is maintained throughout the period up to 1997, and that suitable arrangements are made for defence and public order thereafter on the basis of the provisions in the Joint Declaration. (x) Agreement on the basic principles for future arrangements for the surrender of fugitive offenders between Hong Kong and foreign jurisdictions. Under this agreement, Hong Kong will be author- ised to negotiate and conclude its own agreements with foreign jurisdictions. Experts from the two sides will hold further discussions on the basis of this agreement.
(xi) Agreement on future arrangements for improvement of terms of service and other matters
relating to the Hong Kong Judiciary.
(xii) Discussions have continued in the JLG on the question of localising United Kingdom legislation. applied to Hong Kong in a form which can continue after 1997. Following agreement reached on questions relating to the localisation of admiralty jurisdiction, the first piece of localised legislation has been enacted.
BASIC LAW
ANNEX C
Improvements to Key Articles made in the second Draft of the Basic Law
CRITICISM ON FIRST DRAFT CENTRAL/SAR RELATIONSHIP
1. Joint Declaration provision that the main- tenance of public order in the SAR is the responsi- bility of the SAR is not reflected
2. Legislative power of SAR legislature would be undermined by NPC Standing Committee's power to revoke or return any SAR law inconsist- ent with the BL (Art. 16)
3. The scope of nation-wide laws which could be applied to the SAR is too wide (Art. 17)
4. Restrictions on the jurisdictions of SAR courts (eg over executive acts) go beyond the present practice (Art. 18)
of
5. NPC Standing Committee's power interpretation too wide. Before passing final judgements, SAR courts required to seek interpretation from the SC whenever a case involves an interpretation of a provision outside the SAR's autonomy (Art. 169)
6. The scope of "acts designed to undermine national unity or subvert the CPG" in Art. 22 is capable of being interpreted very widely
7. Composition of Basic Law Committee unclear
IMPROVEMENTS IN SECOND DRAFT
This provision is now reflected in Article 14. second paragraph
NPC Standing Committee can only return (but not revoke) an SAR law inconsistent with those BL provisions falling within the CPG's responsi- bility (Art. 17)
Nation-wide laws applicable to the SAR are confined to those outside the limits of the SAR's autonomy and are listed in an annex (Art. 18 and Annex III)
SAR courts will have jurisdiction over all cases "except those constituted by acts of state". The wording seeks to follow the present practice (Art. 19); but remains unclear. Text was not agreed by the necessary two-thirds majority of the BLDC and will need further consideration
NPC Standing Committee delegates power to interpret the "autonomy" provisions to SAR courts on their own. Courts of SAR will only refer to the Standing Committee when in their view an interpretation from the Standing Committee on a provision outside SAR's autonomy is required for a final judgment to be made (Art. 157)
A more precise and familiar formulation (“act of treason, secession, sedition and the theft of state secrets") is adopted (Art. 23)
Basic Law Committee to consist of six HK members and six mainland members. HK members to be nominated jointly by Chief Executive, Chief Justice and President of Legco (BLDC recommendations)
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