TNAG-2388-FCO40-3470-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 29

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Region was guaranteed to remain separate from that of the rest of People's Republic of China, and the Joint Declaration and its Annexes were agreed to be binding in international law. Paragraph 34 and 35 of the Joint Declaration stated that "This Joint Declaration is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification which shall take place in Beijing before 30 June 1985. This Joint Declaration and its Annexes shall be equally binding." The continuation of the system of law presently in force in Hong Kong was ensured by paragraphs 53 and 57 of the Joint Declaration which provided that "After the establishment of the Hong Kong Special Administrative Region, the laws previously in force in Hong Kong (ie. the common law, rules of equity, ordinances, subordinate legislation and customary law) shall be maintained, save for any that contravene the Basic Law and subject to any amendment by the Hong Kong Special Administrative Region legislature..... The laws of the Hong Kong Special Administrative Region shall be the Basic Law, and the laws previously in force in Hong Kong and the laws enacted by the Hong Kong Special Administrative Region legislature as above.”

A true copy of the Joint Declaration is now produced and shown to me marked exhibit

1.

4. A draft of the Basic Law was published in February 1989 and copies were widely distributed in Hong Kong and the United Kingdom. Draft article 8 and draft article 18, paragraph 1 reproduced exactly the provisions of paragraphs 53 and 57 of the Joint Declaration set out in paragraph 3 above. A true copy of the draft of the Basic Law is now produced and shown to me marked exhibit [] 2.

5. The Basic Law of April 1990 also implemented in full 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.

[Set out Article 18, paragraph 1]

A true copy of the Basic Law is now produced and shown to me marked exhibit [] 3.

Sworn ete