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НКВ 012/1

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(Faxed to HIC)

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Mr

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CONFIDENTIAL

FROM P Fifoot

Legal Advisers

DATE : 9 June 1989

CC

Mr McLaren

Mr Paul, HKD

Mr Footman, HKD

Mr Edwards, Legal Advisers

113

BRIEF NOTES ON THREE CURRENT ISSUES RELATING TO THE DRAFT BASIC LAW

1. These notes are written on the following assumptions:-

(a) that Hong Kong will return to China in 1997. (The options, temporary or otherwise, which might exist if China were in anarchy

or the throes of a widespread civil war at that time need to be considered separately). The Joint Declaration is, therefore, the only formal restriction on how SAR is to be governed after that

date.

(b) that when contacts and negotiations on the draft Basic Law

are resumed, they will be resumed generally in the light of the

Joint Declaration and the present draft of the Basic Law, and that

the Chinese approach to the Basic law will not have changed

substantially. (This should not prevent attempts being made to make

changes on particular aspects of the draft Basic Law including any proposals prompted by the present situation in China).

(c) that whatever regime emerges in Peking, the Chinese approach to democracy on the mainland will not be that of full universal

suffrage. This will inevitably have consequences for what the

Chinese, when enacting the Basic Law in the next year or so, will be

prepared to contemplate for Hong Kong over the next ten to twenty

years.

CONFIDENTIAL

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