CONFIDENTIAL

機密

This

4

-

was amended at a

meeting in 1/90 to read :-

-

BLDC Special Group

"(4) Persons who are not of Chinese nationality but who have entered HK with valid travel documents and have

The new requirement is not in the JD and will cause problems to non-Chinese residents born in HK but have never left HK and have

not therefore

with travel documents, and the children of such On 27 Feb, 1990 we drew our

residents.

entered

HK

appreciate fully

the

concerns to the attention of the Chinese, who did not seem to practical problems that would arise from the provision. Peking will be taking this point

up with the MFA.

Public Line: The

Article 64

Issue

potential problems

have been drawn to

Chinese attention. Hope Chinese will look at the provision again.

: The Feb 1989 text reads :

This

"The

by the the

government of the HK SAR must abide the law and shall be accountable to Legislative Council of the Region in following respects : implementing laws passed by

by the Council and already in force; presenting regular reports on its work to the Council; answering questions raised by members of the Council; and obtaining approval from the Council for taxation and public expenditure."

restricts the SARG's accountability in LegCo to four specified areas, and gives rise to the question whether the article provides for comprehensive accountability for matters for which the SARG is responsible. Also, restrictions to such accountability are not provided for in JD 50, which reads :-

"The executive authorities

shall abide

by the law and shall be accountable to the legislature.'

These points and alternative texts were put

to

via

Fifoot/Shao

letter

Chinese the 9/11/89 and S of S's letter of 6/12/89.

of

CONFIDENTIAL #2

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