China is currently working with us to implement the Joint Declaration. Why should they waste diplomatic time and energy if they do not intend "one country, two systems" to work?
5. We are committed to continuing to cooperate with China to implement fully the JD. Involves many and varied practical, political and legal problems. Since among lawyers, concentrate this evening on the legal picture.
as
influenced by
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I which, insifon
Westim legal tight, inghind by the crest loww sypting) 6. Can--sum up the conundrum: BL in effect mini-constitution for Hong Kong, enacted under China's civil law system but to be applied
where love will broodly contains in force to Hong Kong which is a common law jurisdiction. Uni que (?) and exciting challenge for legal mindser interplay of diffent traditions
7.
Examples of issues it throws up.
(a) Article 31 of Chinese Constitution (which provides for establishment of Special Administrative Regions). Relationship between BL and rest of Chinese constitution. Does BL override eg articles of Chinese constitution about socialist system? Articles 5 and 11 of BL give some clarification; decision of NPC adopted on
4 April [pg 63 of BL booklet] gives more. Also speech by
n
Ji Pergfei?
Article by Xiao Wrigan.
(20) (application of Chirise Tous is and in relation to SAR
(b) Independence of Judiciary. Overlap between common law system where interpretation of law rests with courts and civil chiner
B.L. Solution 5 system where it rests with legislature (NPC). Overcome to very large extent. establishment of Court of Final Appeal; interpretation of BL resting-in Hong Kong except in specified circumstances and areas; impossibility of excluding NPC completely from interpretation of law enacted by them.
(c) Article 23 of BL: Subversion. Inclusion of prohibition of subversion in BL caused considerable alarm in Hong Kong.
It was felt that, undefined as it was, could be used to suppress any democratic protest activity. However, Article 23 specifies that "HKSAR shall enact laws on its own to prohibit
Not a question of applying Chinese laws. Turn to current HK law quote Crimes ordinance. Comparable provisions already exist.
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subversion".
BODABW
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