CONFIDENTIAL
(4)
017107
MDHOAN 4224
HKC012
CONFIDENTIAL
MRUEN
2/3
FM FCO
TO DESKBY 02010OZ HONG KONG DESK(OFFIC
TELNO 470
OF 01143OZ MARCH 90
- 33 зір 34
12 MAR 1990
INDEX
lion, Tal
TOP COPY DIST?
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
Lee (49
(49)
140
32,
YOUR TELNOS 711, 715, 739 AND PEKING TELNO 304: BASIC LAW: FURTHER ACTION
ARTICLE 24: WE AGREE WITH THE AMENDMENTS TO THE DRAFT SPEAKING NOTE IN YOUR TELNOS 715 AND 739.
2 =
ARTICLE 106: WE DO NOT, HOWEVER. SEE THE PROBLEM WITH THIS ARTICLE AS BEING SOLVED BY INTRODUCING THE WORD QUOTE STRIVING UNQUOTE SINCE THAT BOTH IGNORES THE REQUIREMENTS THAT THE HKSAR SHALL QUOTE FOLLOW THE PRINCIPLE OF KEEPING EXPENDITURE WITHIN THE LIMITS OF REVENUES UNQUOTE AND DOES NOT EXCLUDE ANY DELIBERATE INTENT IN ANY ONE YEAR TO DEPART FROM ENSURING THE BUDGET IS COMMENSURATE WITH GROWTH RATE. THE ARGUMENT IN THE SPEAKING NOTE THEREFORE, FAILS TO TAKE ACCOUNT OF THE CAREFUL WORDING WE HAVE SUGGESTED TO THE CHINESE FOR THE AMENDMENT OF ARTICLE 106
3. WE THEREFORE SUGGEST THAT THE SPEAKING NOTE SHOULD NOT PUT ANY EMPHASIS ON THE CORRECTNESS OR OTHERWISE OF THE ENGLISH TRANSLATION OF THE CHINESE TEXT, BUT SHOULD CONTINUE AFTER THE FIRST SENTENCE OF PARA 3 IN YOUR TELNO 711: QUOTE WE HAVE CONSIDERED VERY CAREFULLY THE POINT MADE BY MR LU PING TO THE GOVERNOR OF HONG KONG DURING THE LATTER'S VISIT TO PEKING IN JANUARY 1990 BUT DO NOT BELIEVE THAT THE ISSUE IS SOLELY A MATTER OF TRANSLATION THE PROBLEM IS ONE WHERE WE SEE A CLEAR LEGAL FETTER ON THE POWER OF THE SAR LEGISLATURE. WE HAVE SOUGHT TO AVOID THIS IN THE TEXT WHICH WE HAVE PROPOSED TO THE CHINESE SIDE (COPY ATTACHED) ENDS.
WE TAKE IT THAT YOU WILL BE FAXING THE CONSOLIDATED TEXTS OF ALL THIS MATERIAL TO PEKING (PEKING TELNO 304 REFERS).
4.
HURD
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