he Joint Declaration is a binding international treaty: China has a good record of adhering to the terms of its international obligations. The JD expressly provides for many of the important principles (such as independence of the judiciary) for which Mr Justice Kirby stands. The Bill
of Rights, enacted earlier this year, draws together in one
place the rights of people in Hong Kong which are protected
by the Joint Declaration.
We have recently agreed with the Chinese the principles
for the establishment of Hong Kong's Court of Final Appeal.
This marks an important step in the implementation of the
Joint Declaration. Judges will be selected independently of
the executive, and there will be provision for judges from
overseas common law jurisdictions (eg Australia) to sit in
the Court.
Geographically, Hong Kong is of course small. But
economically, its influence is felt throughout Southern
China. Over 2 million people in Guangdong Province are now
employed by Hong Kong enterprises. China therefore has a massive stake in the continued stability and prosperity of
Hong Kong. The one country two systems approach
recognises that China wishes to keep Hong Kong as a distinct
society post-1997. The JD underpins China's commitment to a
'high degree of autonomy' for Hong Kong with a mass of
practical detail. In short Hong Kong can continue its
existing way of life beyond 1997 without this being seen as
a threat to the rest of China.
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