TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 89

particularly as regards the

standards for Hong Kong, safeguarding of fundamental rights and the independence of the Judiciary, from those they are accustomed to on the mainland, they are burdened with their own traditional thinking and practices as regards matters of sovereignty, the relationship of government and law, and the subordination of the rights of individuals. It does not need statements such as that of the Vice-Chairman of the NPC [5] that "Our concept of human rights differs from others" to demonstrate that Chinese law and practise may well have a distinctive approach. Accordingly, in examining questions where Chinese authorities are empowered to give a binding interpretation of the Basic Law, or where they consider that they may express and act on a particular view of it (and they are unlikely to be reticent about doing so), it has to be born in mind that what may appear to be the obvious English language or common law meaning of the text may not be the meaning attached to that text in the original and authoritative Chinese version or according to Chinese legal theory and practices of interpretation.

4. In many respects the Basic Law is remarkably faithful in reproducing in legislative form the language of the Joint Declaration. The essential importance to China of the continued economic wellbeing of Hong Kong and the role it can play in China's development is recognised by the repetition in the Basic Law, frequently word for word, of all the economic provisions of the Joint Declaration and the relevant section of its Annex I, except for one half

[6] sentence

so as to give legal effect to the promises of a continuation of the capitalist system in Hong Kong after 1997 and of its existing ability to carry on its internal and external trade and commercial policies without any provision for control by the central authorities of the state. Thus the Basic Law provides for private ownership of property, for Hong Kong to have independent and separate finances, and a separate tax system, for a separate monetary

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