TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 110

The PRC

9. The transfer of sovereignty over Hong Kong was agreed in the

Joint Declaration between the UK and the PRC in 1984. undertook to establish Hong Kong as a special administrative region under section 31 of its Constitution and to provide for a significant degree of autonomy through a Basic Law to be passed by its National People's Congress. The scope and the principles of the autonomy were enunciated by the PRC in the Joint Declara- tion. In April 1990 the National People's Congress passed the Basic Law, although it does not come into effect until 1 July 1997. The Basic Law sets out the powers and functions of legis- lative, executive and judicial bodies in Hong Kong after 1997, provides for the applicable law, and establishes the future relationship between the authorities in the Special Administra- It will consti- tive Region of Hong Kong ("HKSAR") and the PRC.

tute a kind of "mini constitution" for the HKSAR.

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The

10. For its part, the UK government secured the passage through

It is a the British Parliament of the Hong Kong Act in 1985. short Act, indeed the substantive part says no more that "As from 1 July 1997 Her Majesty shall no longer have sovereignty or

jurisdiction over any part of Hong Kong" (section 1(1)). legal basis for the authority of the UK in Hong Kong, including the royal prerogative, will come to an end. The present consti- tution of Hong Kong is established through two principal preroga- tive instruments, the Letters Patent and the Royal Instructions. As from 1st July 1997, these instruments will lapse, and with

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