CONFIDENTIAL
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CONFIDENTIAL
FM FCO
HKB
012
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TO DESKBY 19010OZ HONG KONG
TELNO 2125
OF 181645Z OCTOBER 89
for
TOP COPY
Q DIST?
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
070542
MDHOAN 5801
MIPT: BASIC LAW: OMELCO SUBMISSION: DRAFT REPLY
1.
THANK YOU FOR YOUR LETTER OF 19 SEPTEMBER ENCLOSING MR WONG'S AND MR ARCULLI'S SUMMARY OF THE POINTS YOU AND YOUR COLLEAGUES MADE TO ME ON THE BASIC LAW DURING MY VISIT TO HONG KONG. I TOO GREATLY APPRECIATED OUR MEETING AS WITH EVERY OTHER ASPECT OF MY VISIT, I FOUND THAT PERSONAL AND DIRECT CONTACT WITH HONG KONG PEOPLE DID MUCH TO INCREASE UNDERSTANDING ON BOTH SIDES. 2. THE POINTS YOU RAISE ON THE BASIC LAW ARE IMPORTANT AND COMPLEX ONES. A NUMBER OF THEM COVER AREAS WHICH HAVE PRE-OCCUPIED US DEEPLY DURING THE PROGRESSIVE STAGES OF THE DRAFTING OF THE BASIC LAW. IT WOULD BE MISLEADING TO GIVE THE IMPRESSION THAT THERE IS SOME KIND OF HIERARCHY OF LEVELS OF IMPORTANCE TO THE VARIOUS POINTS, BUT CLEARLY THE FIRST WE HAVE TO CONSIDER ARE MATTERS WHICH GIVE RISE TO QUESTIONS OF THE CONSISTENCY OF THE DRAFT BASIC LAW WITH THE JOINT DECLARATION. IN THIS CATEGORY FALL QUESTIONS RELATING TO THE JURISDICTION AND POWER OF THE COURTS, THE REQUIREMENT THAT THE EXECUTIVE SHALL BE ACCOUNTABLE TO THE LEGISLATURE, THE IMPLEMENTATION THROUGH ARTICLE 39 OF THE DRAFT OF THE REFERENCE IN THE JOINT DECLARATION TO THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS, AND VARIOUS QUESTIONS RELATING TO NATIONALITY AND PERMANENT RESIDENCE.
3.
OTHER CATEGORIES OF ISSUES ARE THOSE THAT RELATE TO THE RELATIONSHIP OF THE SAR TO THE CENTRAL AUTHORITIES, AND THE WORKABILITY OF THE PROVISIONS DESIGNED TO GIVE EFFECT TO THE HIGH DEGREE OF AUTONOMY WHICH, IN ACCORDANCE WITH THE JOINT DECLARATION, THE SAR IS TO ENJOY. TO A CERTAIN EXTENT THESE ISSUES ARE CONNECTED: THE GREATER THE EXTENT OF THE AUTONOMY, THE MORE RESTRICTED THE SCOPE FOR INTER-RELATIONSHIP BETWEEN THE AUTHORITIES OF THE SAR AND THE CENTRE. BUT THE CONSTITUTIVE POWER OF THE CENTRE (CONSISTENT WITH ITS OBLIGATIONS UNDER THE JOINT DECLARATION) AND THE RESERVATION TO THE CENTRE OF FOREIGN AFFAIRS AND DEFENCE ARE FACTORS WHICH MUST, INEVITABLY, BE REFLECTED IN A BASIC LAW OF THIS KIND. THIS HAS CONSEQUENCES FOR THE POWER OF AMENDMENT, THE EXTENT OF LEGISLATIVE AUTONOMY, AND INTERPRETATION. IT ALSO HAS CONSEQUENCES AS REGARDS THE PRC
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