OCMIAN 0103
SECRET
00 PEKIN
FM FCOLN TO HOKON
231600Z APR
GRS 204
SECRET
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1144
OF 23160OZ APRIL 87
INFO IMMEDIATE PEKING
SECRET
50103
1
YOUR TELNO 1461: BASIC LAW, CHAPTER VI
L
Hkb 0113
23 APR 007
1.
WE HAVE THE FOLLOWING COMMENTS.
PARA 2 OF TUR. YOUR SUGGESTED INTRODUCTORY WORDS, FROM
QUOTE EXCEPT UNQUOTE TO QUOTE CPG UNQUOTE, AND QUOTE IN ALL
FIELDS, INCLUDING UNQUOTE, SEEM EXCEPTIONALLY, AND WE THINK
UNNECESSARILY CAUTIOUS. IT SEEMS CLEAR THAT THIS CHAPTER IS
DEALING WITH ONLY PART OF THE AREA OF HONG KONG'S AUTONOMY.
PARAS 11, 14, 17 AND 18 OF TUR. LOGICALLY, YOU ARE RIGHT
THAT THESE PROVISIONS ARE UNNECESSARY. BUT WE WONDER WHETHER IT
IS PRUDENT TO LOOK AT THE QUESTION PURELY IN LOGICAL TERMS. ΤΟ Α
CERTAIN EXTENT, VARIOUS PROVISIONS OF THIS CHAPTER REFLECT PARTS
OF THE CHINESE CONSTITUTION AND THE CHINESE MAY WELL SEE A NEED
TO HAVE DEMON STRATIVE PROVISIONS IN THE BASIC LAW EVEN WHEN, IN
LOGIC, THOSE PROVISIONS ARE COVERED BY GENERAL WORDS.
IT MAY WELL BE TRUE THAT CERTAIN MATTERS FALL WITHIN THE AUTONOMY
OF THE SAR, BUT WE DO NOT THINK THAT THAT ARGUMENT SHOULD
NECESSARILY PREVAIL OVER A POSSIBLE CHINESE NEED FOR
DEMONSTRATIVE PROVISIONS SO LONG AS THE LATTER ARE IN NEUTRAL
FURTHER,
TERMS.
2.
OTHERWISE, WE ARE CONTENT.
HOWE
OCHIAN O103.
HONG KONG AGREEMENT: RESTRICTED
LIMITED
HD/HKD
HD/FED
RESEARCH D. (FE)
DEP.HD/PUSD
PS/MR RENTON
MR MCL RET MR GILLMORE
1
COPIES TO:
MR FIFOOT, LEGAL ADVISERS
Secret
200
1
A