137

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FM FCO

TO IMMEDIATE HONG KONG

TELNO 1931

OF 201130Z JULY 88

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INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

TOP COPY

O DIST

073053

MDHOAN 0839

MKB 040/2.

HOUSE OF COMMONS DEBATE: FOLLOW-UP

1.

THE ACTING HEAD OF HONG KONG DEPARTMENT INVITED ZHANG YOUYUN OF THE CHINESE EMBASSY TO CALL ON 20 JULY. PAUL FORMALLY HANDED OVER THE HANSARD RECORD OF THE DEBATE ON 15 JULY, ASKING HER TO CONVEY IT TO HER AUTHORITIES. SHE READILY AGREED TO DO SO. A COPY FOLLOWS BY BAG TO PEKING. GRATEFUL IF THE EMBASSY COULD TAKE SIMILAR ACTION WITH THE MFA.

2.

PAUL SAID THAT AS MADAME ZHANG HAD BEEN PRESENT DURING THE DEBATE SHE WOULD BE VERY FAMILIAR WITH THE ISSUES RAISED, WHICH HAD IN ANY CASE BEEN WIDELY AIRED IN THE CONSULTATION PERIOD SO FAR AND IN THE LORDS DEBATE. NONETHELESS, HE EMPHASIZED THE FOLLOWING POINTS FOR PARTICULAR ATTENTION :

(A) MEMBERS ON ALL SIDES HAD PAID TRIBUTE TO THE OPENNESS OF THE DRAFTING AND CONSULTATION PROCESS AND THE SERIOUSNESS WITH WHICH CHINA WAS TACKLING THE EXERCISE. THERE WAS ALSO WIDESPREAD WELCOME FOR CHINA'S DECLARED READINESS TO CONSIDER AMENDMENTS. THIS WAS MOST IMPORTANT: IT WAS CLEAR THAT THE HANDLING OF THE EXERCISE WOULD HAVE A CRUCIAL EFFECT ON CONFIDENCE IN HONG KONG AND ON THE WAY HONG KONG PEOPLE PERCEIVED THEIR FUTURE.

(B)

THE MAIN AREAS OF CONCERN WERE:

WOULD HONG KONG ENJOY A HIGH DEGREE OF AUTONOMY? THE RELATIONSHIP BETWEEN THE SAR AND THE CENTRAL AUTHORITIES IN LEGISLATIVE AND JUDICIAL AREAS (ESPECIALLY INTERPRETATION OF THE BASIC LAW: ARTICLES 16, 17, 18, 169,

172).

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THE NEED FOR A CLEAR MECHANISM FOR THE RESOLUTION OF DISPUTES (EG OVER INTERPRETATION).

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THE NEED FOR EFFECTIVE GUARANTEES OF HUMAN RIGHTS WHETHER IT WAS INAPPROPRIATE TO HAVE PROVISIONS ON THE ECONOMY IN A CONSTITUTIONAL DOCUMENT SUCH AS THE BASIC LAW.

THE POLITICAL SYSTEM, AND IN PARTICULAR

ARRANGEMENTS FOR THE FORMATION OF THE LEGISLATURE, THE ACCOUNTABILITY OF THE CHIEF EXECUTIVE TO THE

LEGISLATURE AND THE NEED FOR CONTINUITY IN ARRANGEMENTS FOR THE FORMATION OF THE FIRST SAR GOVERNMENT.

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