TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 147

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

hengpingfa, tiaoli, fushulifa, xiguanfa) therefore, the origins of Chinese law are clearly very complex and varied.

(vi) Manifestations in the Administration of Justice

The implementation of `one country two systems' will have a considerable influence on the administration of justice in our country. Since the Hong Kong region will enjoy a high level of autonomy, as well as an independent judiciary and the power of final judgement, the justice system from the previous Hong Kong will be maintained with the exception of the changes resulting from the establishment of the Court of Final Appeal in the

Hong Kong SAR. However, we will find the coexistence of two different systems of justice on the mainland and in the Hong Kong SAR.

After 1997, the basic principles of the application of laws on the mainland and in the Hong Kong SAR will be different. For example: Hong Kong will use the principle of following legal precedents which will not be used on the mainland; this will be a new problem in the application of law.

In addition to the above mentioned developments in legal theory which will need deep research, the implementation of one country two systems' will mean that many basic attitudes and theoretical questions of traditional law will need re-investigating and developing. For example: the nature of law, the system of law, state organs, the form of political power and so on will produce new expositions and summaries in terms of theory. These changes will be an important development in our country's legal theory under the new historical conditions. Society is developing, the times are advancing, attitudes are changing, which mean that there must also be new developments in the legal consciousness in the superstructure and in legal theory. The implementation of `one country two systems' will open up a whole new future for Chinese legal theory.

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SECTION II

G

THE BASIC NATURE OF THE LAW OF PRC UNDER `ONE COUNTRY

TWO SYSTEMS'

The nature of Chinese law under one country

two systems'.

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two

What will be the nature of Chinese law under one country systems'? What changes will it bring about? This is something that we need to investigate and research further.

The political report to the 13th Congress of the CCP for the first time

systematically described the preliminary stage of socialism. This theory was a scientific summary of the actual experience of nation in the last 40 years and is the starting point and theoretical basis for examining and dealing with the present period.

our

The conclusion that we are in the preliminary stage of socialism clearly indicates the basic nature and development process for our present society. On the one hand, our society is already a society with a socialist nature. This is because, as far as the Chinese mainland is concerned, we have already done away with exploiting classes and the exploiting system. In the economy

we

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