TNAG-1850-FCO40-2625-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 152

Hong Kong.

Hong Kong's existing Crimes Ordinance already cntains

provisions on treason. This will need amendment to take account of change of sovereignty. But no essential difference between having

such laws before and after 1997.

Any offences would of course be tried in Hong Kong.

ARTICLE 157 STILL INADEQUATE?

Study

(EC?)

Must remember that Hong Kong after 1997 will be a Special Administrative Region of China, not an independent or federal

territory.

Some provision for resolving disputes on interpretation of Basic Law must be made: would be unreasonable to expect sovereign

authority to divorce itself entirely from such a process.

Revised draft ihias gone a considerable way in conferring judicial powers of interpretation on SAR organs. Hong Kong courts are to be auithorised to interpret on their own those provisions of Basic Law falling within range of SAR's (extensive) authority.

Hong Kong's courts will also be able to interpret other provisions (ie those relating to defence and foreign affairs, or relations between the Centre and the SAR). But they may need to refer to Standing Committee of National Peoples Congress if in their view such an interpretation is required for a final judgement to be

made.

Article 81 and 84 make clear that there will be independent judicial power in Hong Kong, including that of final adjudication.