CONFIDENTIAL
AKB 012/1
28 AP1989
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1331
OF 28030OZ APRIL 89
No 415
INFO PRIORITY PEKING, UKREP JLG HONG KONG
Q DIST ?
TOP COP
95
030355
MDLIAN 6820
BASIC LAW: MAINLAND DRAFTERS VISIT : MEETING WITH GOVERNOR
SUMMARY
1. FIRST GROUP OF MAINLAND DRAFTERS CALLED ON THE GOVERNOR ON 25 APRIL. POINTS COVERED INCLUDED POLITICAL SYSTEM, ARTICLE 19 ARTICLE 157 AND ARTICLE 106. THEY RESPONDED READILY AND SEEMED GENUINELY INTERESTED IN OUR VIEWS.
DETAILS
2. THE MAINLAND DRAFTERS NOTED THAT IN THE CURRENT ROUND OF CONSULTATION, DISCUSSION AND COMMENTS CENTRED ON THE POLITICAL SYSTEM, JURISDICTION, INTERPRETATION OF BL AND THE ECONOMIC SYSTEM.
3. THEY NOTED THAT THE FACT THAT THEY COULD NOW FOCUS ON THESE
ARTICLES IN DETAIL REFLECTED THE MEASURE OF ACCEPTANCE OF A
CONSIDERABLE PART OF THE DRAFT BL FOLLOWING THE IMPROVEMENTS
MADE AFTER THE LAST ROUND OF CONSULATION.
POLITICAL SYSTEM
4. WE NOTED THAT THE POLITICAL SYSTEM WAS THE MAJOR AREA OF
DISCUSSION. IF THERE SHOULD EMERGE A COMMON GROUND, THAT COULD GREATLY ASSIST THE DRAFTING. IT WOULD HOWEVER, BE MORE REALISTIC TO EXPECT SOME AREAS OF DISAGREEMENT. IN THAT CASE IT WOULD BE
NECESSARY TO FIND A SOLUTION ACCEPTABLE TO THE MAJORITY.
JURISDICTION OF COURTS
5. THE DRAFTERS EXPLAINED THAT ARTICLE 19 HAD NOT RECEIVED A
TWO-THIRDS MAJORITY OF THE BLOC FOR TWO REASONS :
(A) THE CONCEPT OF ''ACTS OF STATE' WAS NOT UNDERSTOOD BY SOME
MEMBERS: AND
(B) THERE WAS OPPOSITION TO THE FIRST SENTENCE OF THE THIRD PARAGRAPH: THIS WENT BEYOND THE PRESENT LIMIT ON THE
JURISDICTION OF THE COURTS.