Reference.
CODE 18-77
Comment
I do not know the reasons for the recent amendments to the Judicial Service Commission Ordinance referred to at ICJ, page 85. The ICJ's concerns seem to be valid ones; indeed the same questions occurred to me when I first saw these amendments. You might ask HKG what the background to them was. I do not understand the last sentence of HKG's comment on this, at the top of page 16.
16.
The ICJ point out that the BL does not guarantee the security of tenure of judges (page 88). This seems to be a valid point, and HKG's reference to the Letters Patent (page 17) does not seem to address it.
CHAPTER X : JUDICIARY
17.
Court of Final Appeal
Obviously we can give a more robust response to the ICJ's claim that the JLG agreement breaches the JD than HKG's terse comment. You already have full legal advice on this point on which to draw.
CHAPTER XI : PUBLIC ORDER AND EMERGENCY
18.
Compatability of BL18 with the JD
Comment
I agree with the ICJ's view that BL18, insofar as it applies to "turmoil within HK" rather than a state of war, is inconsistent with JD28, and is open to abuse.
Public Line (if necessary)
The powers of the NPC SC are limited to cases where turmoil within HKSAR "endanger national unity or security and is beyond the control of the government of the Region". The responsibility to protect the State in such cases is very closely related to the responsibility for defence which will rest with the Central authorities.
CHAPTER VII : HUMAN RIGHTS UNDER THE BILL OF RIGHTS
19.
Consistency of the BOR with the BL
Comment
To the ICJ's statement that repeal or restriction of the BOR after 1997 would involve a breach of the JD, HKG comment that this is a matter for the PRC (page 21). This cannot be right; any breach of
the JD would concern both the UK and the PRC Governments. I agree with HKG that repeal of the BOR would not necessarily involve a breach of the JD; but it would do if the BOR were not replaced with other legislation to cover any gaps in the implementation of
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