§ Mr. Ashdownasked the Secretary of State for Foreign and Commonwealth Affairs if, after 30 June 1997, the laws of Hong Kong will be varied to conform to the criminal law of the People's Republic of China by the introduction of the death penalty for economic crimes such as bribery, theft, speculation and embezzlement; and if he will make a statement.
§ Mr. EggarUnder the joint declaration, such matters fall within the high degree of automony to be enjoyed by the Hong Kong Special Administrative Region.
§ Mr. Ashdownasked the Secretary of State for Foreign and Commonwealth Affairs if, during the transitional period before 30 June 1997 the laws of Hong Kong will be varied, to conform to the criminal law of the People's Republic of China, by the introduction of the death penalty for economic crimes such as bribery, theft, speculation and embezzlement; and if he will make a statement.
§ Mr. Ashdownasked the Secretary of State for Foreign and Commonwealth Affairs (1) whether safeguards embodied in the Fugitive Offenders Act 1967; and in particular those guaranteeing the post custodial treatment of any person extradited under provisions of this Act, will be continued in force in Hong Kong after 30 June 1997; and if he will make a statement;
(2) if the basic law of the Hong Kong special administrative region will prohibit the removal of prisoners detained in Hong Kong to other parts of the People's Republic of China after 30 June 1997; and if he will make a statement;
(3) if the basic law of the People's Republic of China will prohibit the removal of prisoners detained in Hong Kong to other parts of the People's Republic of China after 30 June 1997; and if he will make a statement;
(4) whether current United Kingdom extradition treaties to and from Hong Kong are to be renegotiated; and if he will make a statement.
§ Mr. EggarAs my hon. Friend, the then Minister of State for Foreign and Commonwealth Affairs, the Member for Mid-Sussex (Mr. Renton) told the then hon. Member for Leeds, West (Mr. Meadowcroft) on 14 May, at column 292, the arrangements currently in force in respect of Hong Kong as regards the return of fugitive offenders to and from the territory cannot subsist in their present form, beyond the resumption by China of sovereignty over Hong Kong in 1997. We have been considering what action would be appropriate to ensure that suitable arrangements can continue in force for Hong Kong after that date. The continuity after 1997 of such arrangements affecting Hong Kong must be the subject of consultation with the Chinese Government. Any such consultation would be confidential.
§ Mr. Ashdownasked the Secretary of State for Foreign and Commonwealth Affairs if the Governor of Hong Kong has authority to make any arrangements with 159W foreign states, including the United Kingdom, guaranteeing the policies of the Hong Kong special administrative region after 30 June 1997; and if he will make a statement.
§ Mr. EggarThe future Hong Kong Special Administrative Region Government will determine their own policies within the limits of the high degree of autonomy which they will enjoy under the terms of the Sino-British joint declaration, a legally binding international agreement. Under its terms we and the Chinese Government have also agreed to consider in the period before 1 July 1997 the action necessary to ensure the continued application after that date of international rights and obligations affecting Hong Kong.
§ Mr. Ashdownasked the Secretary of State for Foreign and Commonwealth Affairs if the basic law of the special administrative region of Hong Kong will contain any constitutional prohibition on the retroactive application of legislation by the People's Republic of China; and if he will make a statement.
§ Mr. EggarThe drafting of the basic law of the Hong Kong Special Administrative Region is a matter for the Chinese Government. The policies of the Chinese Government towards Hong Kong, as set out in the joint declaration, will be stipulated in the basic law. The joint declaration provides that the laws of the Special Administrative Region will be the basic law, the laws previously in force in Hong Kong, and laws enacted by the Hong Kong Special Administrative Region legislature. The joint declaration contains no reference to the retroactive application of legislation by the People's Republic of China.
§ Mr. Ashdownasked the Secretary of State for Foreign and Commonwealth Affairs whether the right and power to interpret the basic law of the Hong Kong special region will be vested with the Standing Committee of the National People's Congress of the People's Republic of China or with the special administrative region of Hong Kong; and if he will make a statement.
§ Mr. EggarUnder the Chinese constitution, the basic law, like other Chinese statutes, is subject to interpretation by the Standing Committee of the National People's Congress. The joint declaration provides that judicial power, including the power of final judgment, will be vested in the courts of the Hong Kong Special Administrative Region.
§ Mr. Ashdownasked the Secretary of State for Foreign and Commonwealth Affairs if death sentences passed in Hong Kong prior to 1997, but commuted to life imprisonment by the Governor of Hong Kong, may be carried out after 30 June 1997 by the authorities of the special administrative region of Hong Kong; and if he will make a statement.
§ Mr. EggarThe joint declaration provides that the laws currently in force in Hong Kong will remain basically unchanged. In Hong Kong the commutation of a death sentence is irrevocable.