TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 169

multi-layered

and multi-form will be of great benefit to the smooth implementation of the policy of `one country two systems' and will promote the development of the legal system in country.

Section VII - The application of the law of the People's Republic of China under one country two systems'

a) Basic principles of the application of the law

our

The application of the law usually means the specialized activities of the judicial organs of State concretely applying the law to deal with cases according to due legal process and in accordance with the limits of their power laid down by the law. In order to guarantee that the judicial organs can correctly, legally, and promptly use the law in their judicial activities, we must follow a number of basic principles in applying the law and through the application of these basic principles ensure that that activities of the judicial organs can properly fulfil the demands laid upon them for running the country according to law whereby there is law to be followed, the law is strictly adhered to, and contraventions of the law are firmly dealt with.

At

and

present, in accordance with the provisions of the Constitution the other laws we must follow the following basic principles in the application of the laws: (1) the principle of all citizens being equal before the law: (2) the principle of taking the facts as the basis and the law as the yardstick: (3) the principle of the

are:

judicial organs independently exercising their powers. After 1997 there will be no basic change to the legal system in Hong Kong. In order fully to implement the policy of one country two systems', and to ensure that judicial activity in Hong Kong can come even closer to the realities of Hong Kong, basic principles for the application of law must be set up in the Hong Kong SAR. According to the provisions of the Basic Law, these principles

all Hong Kong residents are equal in the eyes of the law;

the Courts make their judgements independently; the Jury system; the principle of following precedent. Under the policy of one country two systems', a small number of national laws will be applied to the Hong Kong SAR. Under these circumstances, if we are to correctly deal with the problem of. different applications of the law on the mainland and in the Hong Kong SAR, we must discuss these new questions both in practice and in theory.

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b) The question of the application of national laws in the Hong Kong SAR

Annex I of the Joint Declaration provides that: the laws enforced in the Hong Kong SAR will be the Basic Law and the pre-existing laws of Hong Kong together with the laws decided

upon by the legislative organ of the Hong Kong SAR. This gives rise to a number of questions: 1) Can national laws be applied to the Hong Kong SAR? Which laws can be applied? Which laws cannot be applied? 2) How do we guarantee that national laws will be applied to the Hong Kong SAR? How do avoid interference in the legislative authority of the Hong Kong SAR? Only when we have properly dealt with these questions can we advance in dealing with the question of the application of laws under `one country two systems'.

Of course, the key to the question lies in guaranteeing the

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