2810427
COMMENT
HKB 011/3
DI
INDEX
27 JUL 1988
PA
TY
Action Taken
64
RF
s
seel 60s
SECRET
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1959
OF 25180OZ JUL 88
INFO IMMEDIATE UKREP JLG HONG KONG, PEKING
581
(577
-Requested fice requ
NIT & Pl. Sotain and file.
MY TELNO 1938 AND YOUR TELNOS 2783 AND 2784:
169
1.
BASIC LAW:
ARTICLE
MIFT CONTAINS POSSIBLE ELEMENTS FOR A REVISED ARTICLE 169 AS PROMISED IN PARA SIX OF THE FIRST TUR. WE WILL BE GRATEFUL FOR YOUR COMMENTS. AT THE MOMENT OUR PURPOSE IN COMPILING THESE ELEMENTS IS TO HAVE A CHECKLIST OF POINTS FOR DISCUSSION AT THE NEXT LEGAL EXPERTS MEETING. DEPENDING UPON HOW THE DISCUSSION DEVELOPS, WE CAN DECIDE WHETHER WE SHOULD PROVIDE THE CHINESE WITH A WRITTEN LIST OF ELEMENTS, OR EVEN WORK THEM UP INTO A FORM OF DRAFT.
2.
WITH REGARD TO THE SECOND TUR, IT IS LU PING AND HIS COLLEAGUES WHO ARE DRAWING THE ANALOGY BETWEEN ARTICLE 169 OF THE BASIC LAW AND ARTICLE 177 OF THE EC TREATY. WHATEVER THE VIEWS OF QUOTE LOCAL LAWYERS UNQUOTE, AND HOWEVER VALID THE POINTS IN PARA 4 OF THE SECOND TUR, WE HAVE TO FACE UP TO THE SUBSTANTIVE ISSUE WHETHER OR NOT WE CAN ATTEMPT TO DENY TO SOME ORGAN OF THE PRC A ROLE IN INTERPRETING THE BASIC LAW AT LEAST ON ISSUES WHERE THE PRC HAS A FUNCTION OR WHERE THERE IS A QUESTION AS TO WHETHER THE FUNCTION IS VESTED IN THE PRC OR IN THE SAR. FOR OUR PART WE DO NOT THINK THAT WE CAN DENY SUCH A ROLE AND THEREFORE OUR AIM MUST BE TO ESTABLISH THE PRINCIPLES AND PROCEDURES UNDER WHICH IT MAY BE EXERCISED AND THE EFFECT TO BE GIVEN TO DECISIONS BY THE STANDING COMMITTEE.
WE ALSO NEED TO BE ABLE TO SHOW THAT WE TAKE ACCOUNT OF CHINESE INTERESTS WHERE A CASE WHICH MIGHT AFFECT THOSE INTERESTS IS BEFORE THE SAR COURTS.
HOWE
YYYY
MAIN
48
.HONG KONG AGREEMENT
(RESTRICTED)
LIMITED
1
1
6
HKD
B
HD/FED
1
RESEARCH (FE)
1
PUSD
25
PS/LORD GLENARTHUR
1
PS/MR EGGAR
1
PS/PUS
1
MR MCLAREN
1
MR GILLMORE
1
ADDITIONAL 1