CONFIDENTIAL
4.
We have no standing in the drafting of Basic Law, and
the Chinese are very sensitive to any suggestion that we can dictate policies for the SAR, which will be a part of the PRC
after 1 July 1997. We hope however that we will be able to
influence the drafting process through informal contacts. The
crucial aspects for us are that the Basic Law accurately reflect the agreement (and not be much shorter) and that in
those areas where it fills in details, such as government
structure, it does not run against Our own plans for Hong Kong's constitutional development.
5.
There has been some public controversy
some public controversy over whether the Basic Law itself should be interpreted by the Chinese National People's Congress or by the Courts in Hong Kong. The Joint Declaration is silent on this point. The Chinese response has
been confused. While asserting the supremacy of the NPC, which will pass
the Basic Law, they have suggested that there may be
some scope for interpretation by the Hong Kong courts.
6.
LegCo and
s ome
District Boards have expressed an
interest in debating the Basic Law. Although it is a subject
outside the remit of the HKG, and the Chief Secretary has made
this clear, if there is strong pressure to discuss the subject, it may be impossible to
to prevent them doing so. The HKG would
of course have to make clear in any such debates that the view
of the HKG is that the drafting of the Basic Law is a matter
for the Chinese Government.
CONFIDENTIAL