TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 86

CONFIDENTIAL

Part B: Satisfactory Issues

機密

The Basic Law reflects most of the provisions in the

JD, many word by word. Many concerns of HK people have been taken into account during the drafting exercise.

(A)

Legal system

Previous laws in HK, including the common law, will be maintained unless they are inconsistent with the

Basic Law (Art. 8). The SAR will have legislative

The rule of law will therefore power (Art. 17).

continue in the HK SAR.

(B)

Judicial System

The existing judicial system will also be maintained (Art. 80). Judges may also be recruited from other

The law jurisdictions (Art. 91).

SAR will

independent judicial power, including that of

а Court of

common

have

final adjudication (Art. 19) for which

Final Appeal will be established in

80).

The

principle

maintained (Art. 85).

the SAR (Art.

of

trial

by

The administration of justice

jury

will be

as

the Hong Kong SAR will therefore continue

in

before.

CONFIDENTIAL

機密

VLJ

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