A

COMPATIBILITY OF CONSTITUTIONAL DEVELOPMENTS WITH BASIC LAW

11.

about

of

the

The Chinese have given no guarantees that recent

constitutional developments will be endorsed by the Basic

Law.

This is increasingly giving rise to questions in

Hong Kong

how to en sure the compatibility

developments with the Chinese Law. While it will clearly

be necessary for there to be informal contacts with the

f ew years

compatibility, any statement to this

Chinese over

maximum degree

the next

of

to

ensure

the

effect would be very damaging to confidence in Hong Kong, where it would be interpreted as capitulation to Peking.

DEBATE IN LEGCO ON BASIC LAW

press

concern to Hong

Hong Kong's people was

12. A newly elected LEGCO member, Mr Martie Lee QC (who also happens to be a member of the Chinese-appointed Basic Law Drafting Committee) has said that he intends to propose

a debate in LEGCO on the Basic Law. The Chinese consider

the Basic Law

matter a

exclusively for the Chinese

Government and the Prime Minister said publicly in Hong

Kong on 21 December 1984 that its actual drafting would

indeed be

be for them. If the Hong Kong Government allows a

debate there could therefore be Chinese protests.

If they

do not allow a debate however, there could be Hong Kong

criticism that free

on speech

matter of vital

A being suppressed.

possible

follow (which we have put

Governor at official level) would be to allow a debate to

take place if pressure for one became great, for the Hong

Kong Government to make clear during the debate that it considered the drafting of the Basic Law a matter for the

Chinese Government, and to explain Our intentions to the Chinese in advance in the hope of defusing objections. This question is still under consideration and it would be safest for Mr Renton, if pressed on the matter in public,

to course

to say that it is a question for LEGCO.

a

to

the

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