§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider that the concept of an "act of state" defence, in Article 19 of the Hong Kong Basic Law, is fully consistent with the common law.
§ Baroness Chalker of WallaseyThe concept of "act of state" is one familiar to the common law, which will continue to be applied by the courts of the Hong Kong86WA Special Administrative Region. There is nothing in the language of Article 19 of the Basic Law which would require the Court of Final Appeal to give that concept an interpretation which is inconsistent with its accepted meaning under the common law.