CONFIDENTIAL
055140 MDHOAN 75
THE LINES OF QUOTE THE BASIC PRINCIPLES AND POLICIES OF THE PRC
REGARDING HONG KONG AS REFERRED TO IN THE PREAMBLE TO THIS LAW UNQUOTE.
3.
WE HAVE THE FOLLOWING DETAILED COMMENTS ON THE UPDATED
CRITIQUE:
(A): ARTICLE 2 (PAGE 4): TO INCLUDE THIS WHERE WE ARE MAKING A
RATHER DIFFERENT POINT IN THE DRAFT FIFOOT/SHAO LETTER (PARA 4(A) OF FCO TELNO 1919) IS LIKELY TO BE CONFUSING.
THINK WE SHOULD OMIT IT HERE.
WE
(B). ARTICLE 13 (PAGE 5): EVEN WITH THE DISCLAIMER PROPOSED IN
PARA 1(B) ABOVE, THE PASSAGE QUOTE THE CPG SHOULD BE REQUIRED.... UNQUOTE SHOULD BE TONED DOWN. WE PROPOSE:
QUOTE IT IS SUGGESTED THAT IT SHOULD EITHER BE PROVIDED DIRECTLY IN THE BL THAT THE RELEVANT POWER IS VESTED IN THE
SAR OR IT SHOULD BE MADE CLEAR THAT THE AUTHORISATION WILL
ISSUE NO LATER THAN..... UNQUOTE.
(C): ARTICLE 45 (PAGE 9).
ON REFLECTION WE DOUBT WHETHER WE
SHOULD SUGGEST (AS A DRAFTING/LINGUISTIC POINT) A CORRESPONDING CHANGE TO ANNEX I HAVING REGARD TO JD47. THIS
IS PARTICULARLY THE CASE AS REGARDS THE FIRST SENTENCE OF
PARA 7 OF ANNEX I WHERE THERE IS A DIRECT REFERENCE TO THE NPC DECISION, PARA 4 OF WHICH CLOSELY FOLLOWS JD47. THIS IN NO WAY INHIBITS OUR TAKING THE POINT SUBSTANTIVELY ELSEWHERE.
(D). ARTICLE 122 (PAGE 13): WE HAVE A (PERHAPS NOT ENTIRELY
LOGICAL) AVERSION TO SEEKING TO DELETE QUOTE ON ITS OWN
UNQUOTE ANYWHERE.
(E): NOMENCLATURE (PAGE 17): WOULD YOU LOOK AGAIN AT THE
ARTICLES LISTED IN THIS ITEM. PARTICULARLY AS WE HAVE NO SUGGESTIONS TO REPLACE THE TITLE QUOTE CHIEF EXECUTIVE UNQUOTE, SOME OF THESE REFERENCES COULD BE DELETED.
4. THE SAR/SARG ISSUE IS NOW OMITTED FROM BOTH THE MAIN AND THE
LINGUISTIC CRITIQUE. WE DO NOT THINK WE SHOULD LOSE SIGHT OF
IT. OUR OWN PREFERENCE WOULD BE TO REPLACE SARG BY SAR WHENEVER
THE PARTICULAR ENTRY REFERS TO BOTH A LEGISLATIVE AND AN EXECUTIVE FUNCTION (OR INCLUDES BY IMPLICATION A LEGISLATIVE FUNCTION). IN BROAD TEERMS THIS WOULD BE IN ARTICLES 93, 1U8, 111, 117, 127, 138, PARA 2, 139 (IN FRONT OF QUOTE PROTEST UNQUOTE), 140, 141 AS WELL AS POLICIES) AND 146 (FOR THE SAME REASON). OTHER REFERENCES TO FORMULATING POLICIES (ARTICLES 135, 137, 138, 139,
143, 144 (SINCE THERE IS A REFERENCE TO LAWS