OCMIAN 3356
CONFIDENTIAL
OO HOKON
FM FCOLN TO HOKON
1111309Z MAY
GRS 250
7
CONFIDENTIAL
TOP COM a DIST
Seb 28
53356 1
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1280
OF 111130Z MAY 87
AND TO IMMEDIATE UKDEL STRASBOURG
INFO PRIORITY PEKING
HAA 373
}
373/3
12 MAY 1007
FROM HKD
(STRASBOURG FOR EXFOOT, DEPUTY LEGAL ADVISER, VISITING) YOUR TELNO 1779 THE JUDICIARY
1.
THE APPROACH IN TUR SEEMS TO US TO BE ON THE RIGHT LINES.
WE FEEL IT IS PRESENTATIONALLY IMPORTANT, HOWEVER, THAT OUR PLANS SHOULD BE DESCRIBED TO THE CHINESE IN TERMS OF
THE PRACTICAL NEED FOR LOCALISATION RATHER THAN AS A
DEVELOPMENT WITH IMPLICATIONS OF SIGNIFICANT CONSTITUTIONAL
CHANGE.
2.
IN PARTICULAR, IN VIEW OF DENG XIAOPING'S RECENTLY-EXPRESSED RESERVATIONS ABOUT STRICT SEPARATION OF POWERS
ON THE US MODEL, WE WONDER WHETHER THE EXPRESSIONS QUOTE DISTANCING THE JUDICIARY FROM THE CIVIL SERVICE UNQUOTE (PARA 2(A) OF TUR) AND QUOTE ENHANCE THE INDEPENDENCE OF THE JUDICIARY UNQUOTE (PARA 3 OF TUR) SHOULD NOT BE RE-PHRASED. SOMETHING
ALONG THE LINES OF QUOTE THE NEED TO GIVE CLEARER PUBLIC
EXPRESSION TO THE IMPORTANT PRINCIPLE THAT THERE SHOULD BE NO
INTERFERENCE WITH THE JUDICIARY BY THE EXECUTIVE UNQUOTE MIGHT BE
1
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