CONFIDENTIAL
(14:
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 740
OF 27110OZ FEBRUARY 90,
HKCO12/3
RECEIVED IN REGISTRY
- 1 MAR 1990
"K OFFICER
PA
REGISTRY Boron Taren
INFO PRIORITY PEKING, UKREP JLG HONG KONG
005042 MDHIAN 8758
BASIC LAW: FURTHER ACTION: NPC RESOLUTION ON VALIDITY OF BL
1. AS YOU ARE AWARE WE HAVE ON SEVERAL OCCASIONS DRAWN CHINESE ATTENTION TO THE POSSIBLE CONFLICT BETWEEN THE BASIC LAW AND PROVISIONS IN THE CHINESE CONSTITUTION. THE LATEST INDICATION OF CHINESE THINKING WAS LI HOU'S REMARK (TO A BLDC SPECIAL GROUP LAST NOVEMBER) THAT THE NPC COULD PASS A RESOLUTION, UPON THE PROMULGATION OF THE BASIC LAW, TO THE EFFECT THAT THE BASIC LAW DOES NOT CONTRAVENE THE PRC CONSTITUTION (PARA 2(II) OF OUR TELNO 4171 OF 1989. WE BELIEVE WE SHOULD NOW REMIND THE CHINESE OF THE NEED TO RESOLVE THIS PROBLEM. PEKING'S DEMARCHE ON ARTICLES 24(4) AND 106 PRESENTS A CONVENIENT OPPORTUNITY FOR THIS TO BE RAISED. WE SEE ADVANTAGE IN DOING SO, BUT IN A LOW-KEY MANNER. IF YOU AGREE, PEKING MAY FIND THE FOLLOWING DRAFT SPEAKING NOTE USEFUL :
BEGINS
ANOTHER OUTSTANDING ISSUE IS THE QUESTION OF THE VALIDITY OF THE BASIC LAW WHEN SET AGAINST CERTAIN OTHER PROVISIONS IN THE CONSTITUTION OF THE PRC. IN PARAGRAPH 7 OF OUR NOTE ON THE DRAFT BASIC LAW HANDED TO YOU ON 7 DECEMBER 1989 WE EXPRESSED THE HOPE THAT YOU WOULD TAKE APPROPRIATE STEPS TO REMOVE ANY SUCH APPREHENSIONS.
THE CHINESE SIDE ARE WE KNOW WELL AWARE OF THE IMPORTANCE OF THE VALIDITY OF THE BASIC LAW. IT WOULD BE VERY HELPFUL IF CHINESE SIDE COULD CONSIDER THIS POINT AND CLARIFY THE RELATIONSHIP BETWEEN THE BASIC LAW AND THE PRC CONSTITUTION BY AUTHORITATIVE MEANS WHEN THE BASIC LAW IS PROMULGATED.
ENDS
2. GRATEFUL FOR YOUR COMMENTS.
WILSON
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CONFIDENTIAL
Redacted under FOI exemption 27(1)
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