GRS 1500

SECRET

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1460

OF 130955Z APRIL 87

INFO IMMEDIATE PEKING

SECRET

YOUR TELNOS 991, 1012 AND 1014: BASIC LAW:

MANY THANKS FOR TURS. OUR COMMENTS ARE SET OUT IN THE FOLLOWING

PARAGRAPHS.

FIRST TUR

2. PARA. 4. WE AGREE THAT WHILST IT MAY NOT BE ESSENTIAL TO INCLUDE

THE REFERENCE POINT IN THE BL GIVEN THE CHANGED CIRCUMSTANCES, THE BLOC MEMBERS SHOULD BE MADE AWARE THAT THE TERM PREVIOUS'' SHOULD

MEAN IMMEDIATELY PRIOR TO THE ESTABLISHMENT OF THE HKSAR''AND

THAT IT SHOULD THEREFORE INCLUDE LAWS ENACTED BETWEEN THE ENTRY

INTO FORCE OF THE JD AND 1 JULY 1997, AND EXCLUDE THOSE REPEALED

DURING THE SAME PERIOD. WE HAVE ASKED OUR INTERLOCUTORS TO HAVE THIS POINT PUT ON RECORD AT THE FORTHCOMING BLDC PLENUM.

3. PARA. 6. TO AVOID AMBIGUITY, WE SUGGEST REPLACING EXECUTIVE. AUTHORITIES'' BY ''ORGANS OF GOVERNMENT''

4. PARA. 7. TO AVOID A REPETITIVE CHINESE TEXT, WE PREFER TO DELETE THE WORD **LOCAL'! ALTOGETHER. FAILING THAT, THE TERM CAN BE SUBSTITUTED BY ''SPECIAL'. AS A LAST RESORT, WE SUGGEST THAT THE

FIRST SENTENCE OF THIS ARTICLE SHOULD BE RECAST ALONG THE

FOLLOWING LINES: '' THE HKSAR OF THE PRC HAS A HIGH DEGREE OF

AUTONOMY.

5. PARA. 8. TO THE EXTENT THAT A CLEAR DISTINCTION IS MADE BETWEEN

AUTHORISATION GIVEN BY THE BL AND ADDITIONAL AUTHORISATION BY

THE CPG FOR THE

CONDUCT OF EXTERNAL AFFAIRS BY THE SARG, YOUR FORMULA IS NOT SUBSTANTIALLY DIFFERENT FROM OURS. BUT THE LATTER REQUIRES ONLY

MINIMAL CHANGES TO THE TEXT PROPOSEDHKGJXH XRF JVCV DXXQXDZYLH ZG VMVPJ

CKDWFFZ OM WE TAKE YOUR POINT ABOUT SITUATIONS WHICH MIGHT REQUIRE

JOINT ACTION BY THE MFA AND THE SARG, AND SUGGEST SUBSTITUTING

''.DEAL WITH FOR THE WORD MANAGE'' IN 30TH PLACES IN THE DRAFT

ARTICLE. WE MAINTAIN THAT THIS FORMULA IS ONLY A FALLBACK AND OUR

PRIMARY OBJECTIVE IS TO CONFINE THE MFA OFFICE IN THE SAR TO LIAISON

FUNCTION

SECRET

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