TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 71

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

CONFIDENTIAL

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Problem

Art. 93: While the Chinese text of this article faithfully reflects JD 70, the English text departs from the corresponding

JD provision, which makes it

mandatory that the SARG will enjoy autonomy in making

arrangements for local and

foreign lawyers to work and

practise in HK.

Preferred Redraft

The English text of the BL should be revised in line with JD 70.

Possible Channels

Legal experts channel

BLDC interlocutors: Maria Tam.

Art. 95: The word "may" falls short of the binding obligation imposed by JD 71.

To revise this article for a more accurate

reflection of JD 71 :

"The CPG shall assist or authorise the

Government of the Hong Kong SAR to make appropriate arrangements for reciprocal juridical assistance with foreign states."

legal experts channel

BLDC interlocutor: Maria Tam

CONFIDENTIAL

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