HOUSE OF LORDS DEBATE

CONFIDENTIAL

6.

The House of Lords debated Hong Kong on 10 June, concentrating on the draft Basic Law. A copy of Hansard has formally been passed to the Chinese authorities. Most concern was expressed about the provisions in the draft on judicial independence and the reservation to the Central authorities of the power to interpret the Basic Law. Linked with this was concern that the draft does not provide to Hong Kong the promised high degree of autonomy. There was also criticism of the provisions on human rights, and on the economy. Lord Cledw yn indicated a wish to monitor progress, and hinted at a possible need

for further debates in the future.

THE WAY FORWARD

7. Many of the aspects of the draft which are of concern to us (eg human rights, the judicial system) are already the subject of intense discussion in Hong Kong. We will, in conjunction with the Hong Kong Government, carefully monitor the public debate in Hong Kong, and ensure that, where appropriate, these points are taken into account in our own further contacts with the Chinese authorities. Some opportunities have already presented themselves (eg the visits of mainland BLDC members and Ji Pengfei to Hong Kong. The Governor held discussions with Ji Pengfei and the Hong Kong Government arranged contacts with Government officials for the mainland drafters). We shall also be pursuing more technical drafting points with the Chinese in our private contacts. We have proposed to the Chinese side that Mr Fifoot should visit Peking for further talks between legal experts in the summer. await their response.

We

CONFIDENTIAL

Hong Kong Department

June 1988

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