CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
HKC012/3
12 MAR 1990
N (PAILER
TELNO 633
OF 191125Z FEBRUARY 20
PA
BÀY
PECISTRY
Action Taken
INFO PRIORITY PEKING, UKREP JLG HONG KONG
ST
(19
156714 MDHIAN 7612
PERSONAL FOR PAUL, HKD
AMENDMENTS TO BASIC LAW: CHINESE RESPONSE TO BRITISH PROPOSALS
SUMMARY
1. A CHECK OF THE FINAL DRAFT OF THE BASIC LAW AGAINST SUGGESTIONS WE HAVE MADE FOR AMENDMENT, EITHER TO SECURE IMPROVEMENTS OR AVOID POSSIBLE CONFLICT WITH THE JOINT DECLARATION, SHOWS A SCORE OF 2 AND 3 HALVES OUT OF 22. A MUCH POORER RECORD THAN FOR THE FIRST DRAFT WHEN WE SECURED SUBSTANTIAL AMENDMENTS.
DETAIL
2. WE HAVE CHECKED THE AMENDMENTS AGREED AT BLDC IX AGAINST THE POINTS MADE IN THE SECRETARY OF STATE'S LETTER OF 6 DECEMBER 1989 TO QIAN AND FIFOOT'S LETTER OF 9 NOVEMBER 1989 TO SHAO. THE POSITION ON PROVISIONS OTHER THAN THOSE DEALING WITH POLITICAL STRUCTURE IS AS FOLLOWS:
POINTS IN THE SECRETARY OF STATE'S LETTER:
A. ART 64:
ACCOUNTABILITY TO THE LEGISLATURE:
POINT NOT TAKEN
UP.
B. ARTS 106 AND 107:
RESTRAINTS ON SAR'S DISCRETION IN FINANCIAL POLICY:
POINTS NOT TAKEN UP.
C. ARTS 2 AND 12:
FAILURE TO INCLUDE REFERENCE TO EXCLUSION FROM SAR'S AUTONOMY OF 'FOREIGN AFFAIRS AND DEFENCE':
POINT NOT TAKEN UP.
D. NO REFERENCE IN BL TO SCRUTINY OF ACCOUNTS BY LEGISLATURE: POINT NOT TAKEN UP.
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