TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 79

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CONFIDENTIAL #B

7

Standing Committee

thus retains a

The NPC power of interpretation of provisions of the BL which are within the SAR'S autonomy, and such interpretations will be binding on the SAR Courts.

This would compromise the autonomy of the SAR judicial system, the independence of the SAR courts and the SAR's power of final adjudication.

We put our concerns to the Chinese via note of 7/9/89 and S of S's letter of 6/12/89.

on

Public Line : The SAR is required to refer to the Standing

Committee only when an interpretation provisions falling outside the SAR's autonomy will affect the final judgement of a case.

JD 85

Issue

: JD 85 reads

"The HK SAR shall decide its economic and trade policies on its own.

11

This is not fully reflected in the BL.

We made representations on this point in Fifoot/Shao letter of 9/11/89 and S of S's letter of 6/12/89.

Public Line: Under Arts. 2 and 12 of the BL, the SAR shall have a high degree of autonomy. The BL does not contain specific restrictions оп the SAR's autonomy in economic and trade policies.

be inferred.

Such autonomy of the SAR can thus

CONFIDENTIAL #32 機密