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TELNO 7
OF 021830Z JANUARY 86
INFO IMMEDIATE PEKING
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- 3 JAM 1986
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YOUR TELS 2908-10 AND 2915 AND PEKING TELNO. 006: REPRESENTATIVE
GOVERNMENT: CONVERGENCE WITH THE BASIC LAW: 1987 REVIEW
1.
WE HAVE NOW LOOKED AT TURS IN CONSULTATION WITH LEGAL
ADVISERS, AND HAVE THE FOLLOWING PRELIMINARY COMMENTS. WE HAVE
CONCENTRATED ON FACTUAL POINTS RATHER THAN THE OPTIONS FOR
FURTHER REFORM. ON THE LATTER WE SHALL AWAIT WITH INTEREST THE
DISCUSSION IN EXCO AND WILL WISH TO SUBMIT TO MINISTERS
THEREAFTER. SOME OF OUR POINTS, PARTICULARLY ON
TECHNICAL/CONSTITUTIONAL MATTERS, MAY SEEM LABOURED, BUT WE THINK
IT IMPORTANT THAT AS WE REFINE POSITIONS, FOR EXAMPLE ON THE
PRESENT EXTENT OF HONG KONG'S PRACTICAL AUTONOMY OR THE
PROVISIONS OF THE JOINT DECLARATION, WHICH WE MAY LATER WISH TO
PUT TO THE CHINESE, THESE SHOULD BE AS ACCURATE AS WE CAN MAKE
THEM.
PART I (YOUR TELNO 2909):
(A)
PARA 1 LINE 1. LEGAL ADVISERS HAVE OBSERVED THAT THE
GOVERNOR (NEXT WORD UNDERLINED) IS THE REPRESENTATIVE OF THE QUEEN (NEXT WORD UNDERLINED) AND HAS ULTIMATE
DIRECTION OF THE ADMINISTRATION OF HONG KONG: THE LATTER
IS NOT INHERENT IN THE FORMER AND THE 2 HATS CAN BE
SEPARATED. THEY NOTE THAT THIS IS ALSO THE ARGUMENT YOU
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