CODE 18-77

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Reference

in mind Article 73 of the UN Charter, may resent the assertion that there is a separately identifiable class of persons who constitute the "people of Hong Kong".

6. With all these points in mind you may like to consider a reformulation of this paragraph as follows:

"The functions of the Chief Executive, Councils and

Boards as they existed immediately prior to

1 July 1997, would also remain largely unchanged, although some changes would be necessary as a result of the removal of colonial links with the United Kingdom. After that date their functions would only be changed with the approval of the legislature of the SAR [following consultation with the people of Hong Kong]."

7. Similarly the draft agreement could be amended so that Articles 1(2)(b) ended with the words: "... and, subject to any changes made with the approval of the legislature of Hong Kong (China), shall be so maintained until at least 1 July 2047."

Para 10, line 2

8. The word "specific" does not seem to be necessary,

and if the formulation suggested above for para 9 were adopted this word should be removed from para 10 also.

9. I suggest it would be useful to define what is meant by "special resolution of the legislative council". One possibility would be to add the words "adopted by a two thirds majority of those present and voting",

Para 11

10. To avoid invidious comparison with para 3 I suggest

that the last few words should be amended to read:

11

'... would be reported to the central government for the record."

Para 16

11.

A tiny point

santan

could we change "up" to "prior".

Para 17

12. It is not easy to say what today is the "government" of Hong Kong, or what it will be after 1997. I would however have thought that the term ought to include the Chief Executive and the Executive Council. If you agree, those words could be inserted before "a central secretariat".

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