WU JIANFAN'S SPEECH
4. WU'S SPEECH DEALT SOLELY WITH THE QUESTION OF APPLICATION OF
CHINESE STATUTES IN THE SAR. THE MAIN POINTS ARE :
(A) IN ILLUSTRATING HIS POINT THAT NOT ALL CHINESE STATUES RELATING
TO DEFENCE AND FOREIGN AFFAIRS WOULD APPLY IN THE SAR, HE MADE CLEAR
THAT THE LAW ON CONSCRIPTION WOULD NOT (NOT) BE APPLIED IN THE HK
SAR, EVEN THOUGH IT WAS A LAW RELATING TO DEFENCE, BECAUSE
CONSCRIPTION WOULD NOT (NOT) BE PRACTISED IN THE SAR. THIS IS MOST
ENCOURAGING, INSOFAR AS ALLAYING THE FEAR OF POSSIBLE FUTURE
CONSCRIPTION OF SAR RESIDENTS IS CONCERNED,
(B) LESS HELPFULLY, HOWEVER, WU ARGUED THAT JD 57, READ IN THE CONTEXT OF THE WHOLE OF PARA. 3 AND ANNEX I TO THE JD, DID NOT (NOT) RULE OUT THE APPLICATION OF CHINESE STATUTES, IN RELATION TO
FOREIGN AFFAIRS AND DEFENCE, IN THE HK SAR. HE DID SAY, HOWEVER, THAT IN APPLYING ANX CHINESE STATUTES IN THE HK SAR, THE STATE
COUNCIL SHOULD GIVE DIRECTIVES TO THE CHIEF EXECUTIVE REQUIRING
HIM TO IMPLEMENT THEM. IF THE SAR CHIEF EXECUTIVE OBJECTED, THE MATTER COULD BE REFERRED BY THE NPC STANDING COMMITTEE FOR STUDY BY
A BASIC LAW COMMITTEE COMPOSED OF MAINLAND AND HONG KONG LEGAL
EXPERTS.
5. WE WILL TRANSLATE THESE TWO SPEECHES IN FULL AND SEND THEM TO
YOU AND PEKING AS SOON AS POSSIBLE.
WILSON
YYYY
HMLNAN 1860
HONG KONG AGREEMENT: RESTRICTED
COPIES TO:
LIMITED
HD/HKD
HD/FED
RESEARCH D. (FE)
DEP.HD/PUSD
PS/MR RENTON
MR MCLAREN
MR GILLMORE
Secret
MR FIFOOT, LEGAL ADVISERS