中华人民共和国香港特别行政区驻军法 GARRISON LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLES REPUBLI

f the Hong Kong Garrison shall not engage in any other activities unconformable to a soldier's duties.

　　Article 19 Members of the Hong Kong Garrison who violate the national laws and the laws of the Hong Kong Special Administrative Region shall be investigated for legal responsibility in accordance with law.

　　Members of the Hong Kong Garrison who violate the military disciplines shall be subjected to disciplinary sanctions.

　　Chapter V Judicial Jurisdiction over Members of the Hong Kong Garrison

　　Article 20 Cases involving crimes committed by members of the Hong Kong Garrison shall be under the jurisdiction of a military judicial organ. However， cases involving crimes caused by the activities outside the performance of functions of members of the Hong Kong Garrison which have infringed upon personal rights and property rights of residents of Hong Kong or of other persons other than members of the Hong Kong Garrison or， which have violated the laws of the Hong Kong Administrative Region， shall be under the jurisdiction of a court or a relevant law enforcement agency of the Hong Kong Special Administrative Region.

　　The military judicial organ and the court or relevant law enforcement agency of the Hong Kong Special Administrative Region may， if they think it more appropriate for the other side to have jurisdiction over the case involving a crime committed by members of the Hong Kong Garrison over which they respectively have jurisdiction， transfer the case to the other side after an agreement has been achieved through consultations.

　　Residents of Hong Kong or other persons other than members of the Hong Kong Garrison among accused persons of the cases involving crimes committed by members of the Hong Kong Garrison which are under the jurisdiction of the military judicial organ shall be tried by a court of the Hong Kong Special Administrative Region.

　　Article 21 If the personnel suspected to have committed a crime is arrested by law enforcement officials of the Hong Kong Special Administrative Region， and if he is found out to be a member of the Hong Kong Garrison， the Personnel shall

be transferred to the Hong Kong Garrison for custody. The case relating to the personnel in custody shall be under jurisdiction determined in accordance with the provisions in Article 20 of this Law.

　　Article 22 The members of the Hong Kong Garrison sentenced to criminal penalty of deprivation or restriction of freedom by a court of the Hong Kong Special Administrative Region， shall be submitted for execution in accordance with the provisions of the laws of the Hong Kong Special Administrative Region， except in circumstances where the relevant law enforcement agency of the Hong Kong Special Administrative Region and the military judicial organ have achieved an agreement on the place of execution through consultations.

　　Article 23 If a member of the Hong Kong Garrison violates the laws of the Hong Kong Special Administrative Region， and infringes upon civil right of a resident of Hong Kong or another person other than members of the Hong Kong Garrison， the parties concerned may settle the dispute through consultation or by mediation； if they do not wish to or fail to settle the dispute through consultation or by mediation， the party whose right is infringed upon may file a suit in a court. Civil cases involving infringement arising from activities outside the performance of functions of members of the Hong Kong Garrison shall be under the jurisdiction of a court of the Hong Kong Special Administrative Region； civil cases involving infringement arising from the performance of functions shall be under the jurisdiction of the Supreme People's Court of the People's Republic of China， and the laws of the Hong Kong Special Administrative Region shall apply to the claim for damages of infringement of right.

　　Article 24 Where an organ or a unit of the Hong Kong Garrison has a contract dispute with a resident of Hong Kong or another person other than members of the Hong Kong Garrison in the Hong Kong Special Administrative Region， the parties concerned may settle the dispute through consultation or by mediation. If the parties concerned do not wish to or fail to settle their dispute through consultation or by mediation， they may apply for arbitration in an arbitration agency in accordance with the arbitration clause in the contract concerned or with the written arbitration agreement reached subsequently. If the parties have not had an arbitration clause in the contract concerned or have not subsequently reached a written arbitration agreement， they may bring an action in a court of the Hong Kong Special Administrative Region， except the parties have an agreement on another court in which they shall bring an action.

　　Article 25 During the period of legal action in a court of the Hong Kong Special Administrative Region， certifying paper from the Hong Kong Garrison on questions of fact such as status of a member of the Hong Kong Garrison or performance of duties is valid evidence， except contrary evidence is tenable.

　　Article 26 Acts of state by the Hong Kong Garrison such as defence shall not be under the jurisdiction of the courts of the Hong Kong Special Administrative Region. Article 27 If a judgment or an order in writing made by a court of the Hong Kong Special Administrative Region.

　　Article 27 If a judgment or an order in writing made by a court of the Hong Kong Special Administrative Region involves execution of property of an organ or a unit of the Hong Kong Garrison， the organ or unit shall carry out the judgment or order in writing. However， any court of the Hong Kong Special Administrative Region shall not take any enforcement measures towards the weapons and equipment， goods and materials， and other property owned by the Hong Kong Garrison.

　　Article 28 Through consultations， a military judicial organ may maintain judicial relations with the courts of the Hong Kong Special Administrative Region and relevant law enforcement agencies， and they may render assistance

to each other.

　　Chapter VI Supplementary Provisions

　　Article 29 The power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress.

　　Article 30 This Law shall come into effect on July 1， 1997

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