reprucing provisions of the Joint Declaration in
satisfactory (and often verbatim) form.
9.
The Chinese Government regard the drafting of the
This approach has
Basic Law as a matter for them. Our influence on the
drafting process has nevertheless been extensive and
important. While taking due account of sensitivities in
public, we have worked hard in private discussions with
them behind the scenes to ensure that the Basic Law
complies with the Joint Declaration.
paid off the Chinese have made it clear that they value
our contribution and have accepted many of our ideas. We
have also secured the tacit acknowledgement by the
Chinese of Parliament's right to debate the draft and to
have their views passed to the authorities in Peking.
Our assessment of the
10. Annex II contains a summary of the changes which we
know have already been made to the first draft, at least
in part in response to our representations and those of
the Governor of Hong Kong.
Gover
position now is that all the provisions of the Joint
Declaration are reflected in the draft Basic Law. The
only articles of the draft which might contravene the
Joint Declaration are those containing policy provisions,
included at the insistence of the Hong Kong businessmen
on the Basic Law Drafting Committee. These prescribe the
economic policies of the future Hong Kong SAR Government
(balanced budgets and low taxes) and thus undermine the
principle of the high degree of autonomy that Hong Kong
is to enjoy after 1997. There are other areas (eg over