GRS 1200
SECRET
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1451
OF 131145Z APRIL 87
INFO IMMEDIATE PEKING
SECRET
Huub 011/3
14 APR 1937
DA
TOĎ COPY Q DIST?
OUR TELNOS 1022 AND 1023 AND YOUR TELNO 873: BASIC LAW: CHAPTER VI
MANY THANKS FOR THIRD TUR. WE HAVE CONSIDERED THE DRAFT CHAPTER VI IN SECOND TUR IN LIGHT OF YOUR VIEWS AND HAVE THE FOLLOWING
COMMENTS TO MAKE:
2, ARTICLE 6.1.1. AS DRAFTED, THE ARTICLE ATTEMPTS TO ENUMERATE THOSE AREAS RELATING TO EDUCATION AND CULTURE ETC. IN WHICH THE SARG WILL
HAVE THE POWER TO DECIDE ITS OWN POLICIES. WE WOULD FAR PREFER NOT (NOT) TO ENUMERATE SUCH A LIST, FOR REASONS EXPLAINED IN PARA. 12 OF OUR TELNO 1326. HOWEVER, WE SEE LITTLE PROSPECT OF AVOIDING IT, IN WHICH CASE WE WOULD WISH TO ENSURE, FIRST, THAT THE LIST IS REASONABLY COMPREHENSIVE, AND SECONDLY, THAT THERE ARE ADEQUATE SAFEGUARDS IN CASE OF OMISSION. ADAPTING THE LANGUAGE OF JD 44, WE SUGGEST A REVISION OF THIS ACTICLE TO READ: ''EXCEPT FOR FOREIGN AND DEFENCE AFFAIRS WHICH ARE THE RESPONSIBILITIES OF THE CPG, POLICIES OF THE HKSAR IN ALL FIELDS, INCLUDING EDUCATION, SCIENCE TECHNOLOGY, CULTURE, SPORTS, PROFESSIONAL QUALIFICATIONS, SOCIAL SERVICES,
SOCIAL WELFARE, MEDICAL AND HEALTH SERVICES AND LABOUR, SHALL BE
DECIDED BY THE HKSARG ON ITS OWN.''. WE HAVE INSERTED LABOUR''
AFTER MEDICAL AND HEALTH SERVICES''. TO REFLECT THE CONTENTS OF THIS CAPTER MORE CLOSELY.
3. ARTICLE 6.2.2. WE SUGGEST INSERTING
AND TECHNOLOGICAL' AFTER
'' THE RECOGNITION OF EDUCATIONAL' TO KEEP TO THE LANGUAGE OF JD
129.
INSTITUTIONS
IN THIS
4. ARTICLE 6.2.3. THE CHINESE TERM FOR
CONTEXT SHOULD MORE ACCURATELY BE TRANSLATED AS 'EDUCATIONAL
182
INSTITUTIONS''.
5. ARTICLE 6.2.4. WE SUGGEST THAT THIS ARTICLE SHOULD BE RECAST
AS FOLLOWS TO FULLY REFLECT JD 132: STUDENTS SHALL ENJOY FREEDOM
OF CHOICE OF EDUCATION AND FREEDOM TO PURSUE THEIR EDUCATION OUTSIDE
THE HKSAR''.
6. ARTICLE 6.2.5. A MORE ACCURATE TRANSLATION OF THIS ARTICLE
IS AS FOLLOWS: RELIGIOUS ORGANISATIONS, COMMUNITY ORGANISATIONS
AND INDIVIDUALS MAY CONTINUE TO RUN EDUCATIONAL SERVICES IN THE
HKSAR.''. THE CHINESE TEXT IS UNAFE
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