GRS 700

UNCLASSIFIED

FROM PEKING 020909Z JUL 85

TO IMMEDIATE FCO

TELNO 1016 OF 2/7/85

INFO PRIORITY HON KONG

#кконо/ 21

RECON

- 3 JUL 1985

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BASIC LAW DRAFTING COMMITTEE

1. THE FIRST SESSION OF THE COMMITTEE IPENED IN PEKING ON 1 JULY.

IT WILL LAST FOR FIVE DAYS.

2. JH PENGFE, THE CHAIRMAN, GAVE AN OPENING ADDRESS, THE FULL TEXT OF WHICH WAS CARRIED IN PEOPLE'S DAHLY. AN WELCOMED THE ESTABLISH-

MENT OF THE COMMITTEE. HE SAID THAT FOLLOWING THE EXCHANGE OF

INSTRUMENTS OF RATIFICATION THE JOINT DECLARATION HAD COME INTO

FORCE AND THE TRANSITIONAL PERIOD HAD BEGUN. THE BASIC LAW WOULD BE

DRAFTED IN 4 TO 5 YEARS. IT WOULD BE BASED (GEN JU) ON ARTICLE 31

OF THE CONSTITUTION. IT WOULD EMBODY THE PRINCIPLE OF ''ONE COUNTRY,

TWO SYSTEMS'' AND WOULD LAY DOWN THAT THE SOCIALIST SYSTEM WOULD

NOT BE ENFORCED IN HONG KONG AND THAT THE CAPITALIST SYSTEM AND

WAY OF LIFE THERE WOULD BE GUARANTEED (BAO ZHB) UNCHANGED FOR 50

YEARS. J SAID THAT THE CURRENT MEETING WOULD DISCUSS THE COMMITTEE'S

WORKING PROCEDURE AND OUTLINE WORK PROGRAMME, AND HAVE A PRELIMINARY

EXCHANGE OF VIEWS ON THE CONTENT OF THE LAW.

3. I THEN GAVE HIS VIEWS UNDER THREE MAIN HEADINGS:

(A) NATURE AND TASKS OF THE COMMITTEE. J. OUTLINED ITS CONSTITUTIONAL

STATUS AS A WORK ORGAN OF THE NATIONAL PEOPLE'S CONGRESS (NPC),

RESPONSIBLE TO THE NPC, OR TS STANDING COMMITTEE WHEN THE NPC

WAS NOT IN SESSION. IT WOULD FOLLOW THE RELEVANT PROVISIONS OF

ARTICLE 31 OF THE CONSTITUTION AND OF THE POLICIES OF THE CHINESE

GOVERNMENT AS LAID DOWN IN THE JOINT DECLARATION. IT WOULD BE BASED

ON THE PRINCIPLE OF SAFE-GUARDING CHINA'S STATE SOVEREIGNTY AND

PROTECTING HONG KONG'S STABILITY AND PROSPERITY. IT WOULD SEEK WIDE

RANGING CONSULTATIONS WITH ALL SECTIONS OF HONG KONG COMPATRIOTS.

(B) OUTLINE WORK PROGRAMME. THE DRAFTING PROCESS SHOULD BE COMPLETED

IN 4 TO 5 YEARS. A DRAFT LAW SHOULD BE SUBMITTED TO THE NPC IN THE

FIRST HALF OF 1990 FOR APPROVAL AND PROMULGATON. IN MORE DETAIL

JI SAID THAT:

(1) IN THE SECOND HALF OF THIS YEAR EFFORT WOULD BE CONCENTRATED

ON RESEARCH AND INVESTIGATION. THE OPINIONS AND SUGGESTIONS OF

ALL GIRCLES OF HONG KONG COMPATRIOTS WOULD BE SOUGHT. ON THIS BAS-IS

THE COMMITTEE WOULD CALL ITS SECOND MEETING IN THE FIRST QUARTER

OF 1986 TO DECIDE ON THE BROAD TERMS OF THE CONTENT OF THE LAW AND TO DEFINE THE MAIN HEADINGS,

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