CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 4563
OF 0310OOZ DECEMBER 87
INFO IMMEDIATE PEKING
· CONFIDENTIAL
TOP CO
DIST
0114
Mus 01114
0 7 DEC 1987
LAST PAPER.
INSEX
on/4
020415 MDHIAN 8851
YOUR TELNO 3115 AND OUR TELNO 4519: ANNUAL REPORT ON HONG KONG : PASSAGE ON THE BASIC LAW
IN ADDITION TO 2ND TUR, WE HAVE FURTHER COMMENTS ON THE FIRST SENTENCE OF PARA. 4 OF FIRST TUR. FIRST, THE WORDS GIVE LEGAL EFFECT TO'' IN THAT SENTENCE ARE INAPPROPRIATE, IN THAT
A LAW BY ONE PARTY CANNOT GIVE ANY LEGAL EFFECT TO THE JOINT DECLARATION WHICH IT DOES NOT ALREADY HAVE, AS A LEGALLY BINDING INTERNATIONAL AGREEMENT. MOREOVER THE BASIC LAW IS ONLY CONCERNED WITH CERTAIN PARTS OF THE JD AND NOT THE WHOLE OF IT. SECONDLY, THERE IS A DANGER OF RUFFLING CHINESE FEATHERS IF WE PUBLICLY ASSERT THAT THEIR BASIC POLICIES TOWARDS HONG KONG, WHICH ARE WHAT THE BASIC LAW WILL STIPULATE, HAD BEEN 'NEGOTIATED'' WITH THE BRITISH GOVERNMENT. WE THEREFORE SUGGEST THAT THAT SENTENCE SHOULD BE
REVISED TO READ :
"HER MAJESTY'S GOVERNMENT TAKE THE CLOSEST INTEREST IN THE DRAFTING OF THE BASIC LAW, WHICH WILL IN DUE COURSE IMPLEMENT PARAGRAPH 3(12) OF THE JOINT DECLARATION.''
(INCIDENTALLY, THE REFERENCE IN PARA. 1 OF 1ST TUR SHOULD BE TO ''PARAGRAPH 3 (12)'', NOT (NOT) ARTICLE 3(12).)
FORD
YYYY
DISTRIBUTION
25
ΜΑΙΝ
24
HONG KONG AGREEMENT RESTRICTED
LIMITED
HKD
HD/FED
DEP HD/PUSD
PS/LORD GLENARTHUR PS/MR EGGAR
MR MCLAREN
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