3
United Kingdom. Draft Article 8 and draft Article 18, paragraph
1 reproduced exactly the provisions of the Joint Declaration set out in paragraph 3 above. A true copy of the second draft of the
Basic Law is now produced and shown to me marked exhibit [] 2.
6. The Basic Law of April 1990 also reproduced exactly those
parts of the Joint Declaration that are set out in paragraph 3
above. Article 8 provides:
"The laws previously in force in Hong Kong, that is, the
common law, rules of equity, ordinances, subordinate legislation
and customary law shall be maintained, except for any that
contravene this Law and subject to any amendment by the legislature of the Hong Kong Special Administrative Region".
Article 18, paragraph 1, states that:
"The laws in force in the Hong Kong Special Administrative
Region shall be this Law, the laws previously in force in Hong Kong as provided for in Article 8 of this Law, and the laws enacted by the legislature of the Region."
A true copy of the Basic Law is now produced and shown to me marked exhibit [] 3.
7. I am advised and verily believe that under the Basic Law the
Applicant could not be prosecuted in Hong Kong after 1997 for offences under the Criminal Law of the People's Republic of China 1980 or any other People's Republic of China criminal legislation since Article 18, paragraph 2, of the Basic Law provides that "National law shall not be applied in the Hong Kong Special Administrative Region except for those listed in Annex III to this Law." The Criminal Law of the People's Republic of China is not listed in Annex III. Article 18, paragraph 3, of the Basic Law further provides that "Laws listed in Annex III to this Law shall be confined to those relating to defence and foreign
affairs as well as other matters outside the limits of the
autonomy of the Region as specified by this Law". Further the Applicant refers, in paragraph 15(e) of his Affirmation, to the
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