(e) "What, it might be asked, would be the status of these or similar rules of self-restraint if constitutionalised? The answer would depend on the manner in which they were constitutionalised: as substantive rules of devolution of power, as procedural rules of exercise of power, or simply as constitutional conventions.
11
How to advance the ideas? is now the question. In 1988, I wrote as follows:
"The drafting of the BL is a Chinese responsibility; our
[by which I meant the British] responsibility is to follow the process carefully, and only arguably to contribute ideas in the fashion, manner and place most likely to assist. As we know, China, emerging from its lawless recent past, is seeking to legislate for aspects of its national life, and protections stated to be according to law have in that country an aspirational and educational function in themselves. Statements concerning the need to promote legality have become part of the national rhetoric, with their value stemming from the communication of the idea that law is more than 'rule by the ruler'.
Although the Basic Law was a PRC responsibility, I believe that my attitude in that paragraph was complacent. So for this project, I now have two major purposes in mind:-
[1] To build up a working relationship with senior cadres and others
in the PRC.
[2] To bring into that relationship people from Hong Kong who can
formulate with people from the PRC joint ways of approaching issues and building trust between themselves.
The following has been said: -
"Wrobel may have underestimated the difficulties in bringing
influence to bear in China. An enormous amount has already gone into the job of influencing the thinking of Chinese officials, notably during the negotiation on the Joint Declaration, in the behind the scenes negotiations between Foreign Office lawyers and Chinese lawyers during the drafting of the Basic Law, in the visits programme which was laid on prior to June 1989, and which involved Chinese officials at all levels coming to Hong Kong, and in numerous delegations to China including delegations of lawyers. I am in no doubt that
members of the Chinese Administration
are now familiar with the concepts even if they do not yet subscribe to them. What we have to allow for is the fact that decision making in China is concentrated in the hands of an astonishingly small [number of people] ..... who are not responsive to the finer nuances of Hong Kong. 55 is they who
are particularly difficult to influence."