CONFIDENTIAL
263
136034
MDHOAN 6761
HKB 012/1
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 2215
OF 01180OZ NOVEMBER 89
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
fr
ADOS DOL
ס Sig
BASIC LAW: DISCUSSIONS WITH THE CHINESE: THE WAY FORWARD
1.
IN THE LIGHT OF THE PA'S VISIT (PEKING TELNOS 1927-1930), AND THE DECREASING LIKELIHOOD THAT A LEGAL EXPERTS MEETING WILL TAKE PLACE, WE HAVE BEEN CONSIDERING HOW WE SHOULD PUT TO THE CHINESE OUR FINAL COMMENTS ON THE DRAFT BASIC LAW. A RELATED QUESTION IS THE NEED TO TELL THE CHINESE OFFICIALLY IF WE BELIEVE THE DRAFT BASIC LAW IS INCONSISTENT WITH THE JOINT DECLARATION AND TO DO SO IN A WAY WHICH CAN BE MADE PUBLIC SINCE WE WILL INEVITABLY BE ASKED (IN PARLIAMENT AND ELSEWHERE) WHETHER WE ARE SATISFIED WITH THIS ASPECT OF THE BASIC LAW AND, IF NOT, WHETHER WE HAVE DRAWN THIS TO THE ATTENTION OF THE CHINESE. IT WOULD ALSO BE HIGHLY DESIRABLE TO DRAW THE ATTENTION OF THE CHINESE TO MAJOR POINTS OF CONCERN OVER THE BASIC LAW RAISED IN HONG KONG IN A MANNER WHICH CAN SIMILARLY BE REFERRED TO PUBLICLY.
2. WE HAVE IN MIND TO USE TWO CHANNELS. FIRSTLY, WE INTEND TO RECAST THE FIFOOT/SHAO LETTER IN A WAY WHICH MAKES CLEAR THAT WE WOULD STILL WELCOME A FURTHER LEGAL EXPERTS MEETING BUT, IF IT IS NOT POSSIBLE FOR THE CHINESE, PICKS UP THE COMMENT BY RONG TO THE PA (PARA 6(D) OF PEKING TELNO 1928) THAT OPINIONS FROM BRITISH OFFICIALS AND FROM THE GOVERNOR WOULD STILL BE WELCOME. WE THINK THE LETTER SHOULD ISSUE BY NEXT WEEK AND SHOULD COVER A COPY OF THE LINGUISTIC CRITIQUE.
3. HOWEVER, THE FIFOOT/SHAO CHANNEL CANNOT MEET THE PUBLIC/PARLIAMENTARY NEEDS OUTLINED ABOVE. WE THEREFORE PROPOSE A FURTHER SECRETARY OF STATE/QIAN QICHEN LETTER WHICH WOULD:
SET OUT OUR REMAINING CONCERNS ABOUT INCONSISTENCY.
EXPRESS THE HOPE THAT THE CHINESE WILL ADDRESS THESE IN THE
FINAL VERSION.
MAKE CLEAR THAT WE HAVE A LOCUS TO ENSURE JD/BL CONSISTENCY AND THAT, IN ITS ABSENCE, WE ARE LIKELY TO BE ASKED IN PARLIAMENT AND ELSEWHERE WHAT OUR VIEWS WERE ON THIS. WE WOULD HAVE TO BE ABLE TO SAY THAT WE HAD DRAWN THE CHINESE SIDE'S ATTENTION TO THIS AND MIGHT WANT TO INDICATE IN WHAT TERMS.
SET OUT REMAINING HONG KONG PEOPLE'S CONCERNS ABOUT THE DRAFT. MAKE SIMILAR POINTS ABOUT THE NEED TO REASSURE HONG KONG
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