Hong Kong Law Professionals Support Basic Law Implementation

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Last updated at: (Beijing Time) Sunday, December 08, 2002

Hong Kong Law Professionals Support Basic Law Implementation

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Elsie Leung, secretary for justice of the Hong Kong Special Administrative Region (SAR), Saturday voiced her confidence that the proposals to implement Basic Law Article 23 are consistent with the Basic Law and its human rights provisions.

Leung made the remarks when she delivered a speech at the Forum on Implementation of Article 23 and the Rule of Law. Some 200 law professionals, including barristers, solicitors and law experts, attended the forum.

She said that although Article 23 of the Basic Law was promulgated for the purpose of maintaining the state sovereignty, unity and territorial integrity as well as for preserving Hong Kong's long-term stability and prosperity, the Hong Kong SAR was entrusted with the responsibility to enact laws on its own to give effect to this article in accordance with its legal system.

"We treasure the privilege given to us and would implement Article 23 in accordance with the Basic Law, common law principlesas well as our obligations under international covenants," she said.

The Department of Justice must make sure that the proposals are consistent with the provisions of the Basic Law, that they do not violate the human rights which are protected by the Basic Law, she noted.

"Any law not in conformity with the Basic Law or the human rights provisions of the Basic Law will not be upheld by our courts," she added.

"We are careful that the implementation of Article 23 would notbe the introduction of mainland legal concept or mainland legislation and that our separate legal system shall be maintained," Leung said.

Henry Hu, a senior barrister and president of Shue Yan College,said, "Hong Kong is unique in the whole of China to have the rightto enact law on our own concerning protection of national security."

This is clear demonstration of the determination of the central government to ensure the realization of "one country, two systems" and the trust that the central government has in Hong Kong, he said.

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