TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 120

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

Article

Problem

CONFIDENTIAL

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- 5 -

Suggested Solution

Remarks

(b) On para. 4 and Art. 22(3), the draft BL provides that PRC organs established in HK and their staff, including PLA stationed here, shall abide by SAR laws. But it is silent on whether the SAR courts shall have

jurisdiction over them.

inserted in Art. 72 to reflect the role to be played by the legislature in making the request for assistances to the PLA troops.

(b) The BL should contain an

enabling provision to provide for:

(i)

(ii)

the determination by SAR courts of litigation involving organs and authorities of the PRC;

and

the arrangement of

compensation by such organs and authorities where there has been loss or damage.

A possible form of words is as follows:

"Provisions for the determination

CONFIDENTIAL

000

GOVT HOUSE

HK

'89 10-26 11:32

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