CONFIDENTIAL
Miss E S Wilmshurst
Attorney General's Chambers Royal Courts of Justice Strand
London WC2A 2LL
File
Foreign and Commonwealth Office
London SW1A 2AH
8 November 1989
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HKB 01211
fa B.L.
PM 9/11
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As Paul Fifoot mentioned to you on the telephone last week, we would be grateful if you would seek the Attorney- General's opinion as to whether certain provisions of the draft Basic Law for the Hong Kong Special Administrative Region (HKSAR) are consistent with the Sino-British Joint Declaration on the Question of Hong Kong between the United Kingdom and the People's Republic of China. A memorandum by Paul, who is our and the Hong Kong Government's consultant on the Basic Law, is attached. This sets out the background and the issues for the Attorney-General's consideration. In short, the points on which we seek his advice are:
(a)
(b)
whether, as a matter of construction, we can properly raise with the Chinese (and later, if necessary, publicly describe) the matters referred to in paragraphs 6 and 7(a) of that memorandum as being inconsistent with, or failing fully to implement, the Joint Declaration; and
whether he agrees that we should omit the issues raised in paragraph 7(b) and (c).
Paul Fifoot will, of course, be happy to come to explain any matters which may not be clear or on which the Attorney- General may wish further instructions.
I understand you have already received copies of the current version of the Basic Law and the Joint Declaration
(JD); references in the memorandum to JD followed by a number are references to the text of the JD opposite the relevant marginal number.
D H Anderson Second Legal Adviser
cc: D M Edwards, Deputy Legal Adviser
CONFIDENTIAL
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