MVOJE NURU KURUM.
CUNFIDENTIAL
-
3
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(iii)
Consult the Chinese early on the adaptation of the
and Crown
on the current Ordinance Proceedings
is
that
it
the avoids
by saves time
risks consulting
of not
once
their
proposal at the same time. The advantage of this option
and consulting instead of twice. However, our current thinking
for discussion about on selecting laws adaptation is to discuss items which are neither This may be too trivial nor controversial first.
Moreover, this difficult an item to begin with. Ordinance would need to be discussed with other instances of laws in which the Crown is referred
this considerations, to.
Given these probably has to be ruled out.
option
Proceed with our proposals without consulting the Chinese before
(iv)
then achieve
the
a
adaptation
better
as object
adaptation, insofar
We could stage. base for subsequent is concerned (a)
The than we have now, while achieving object (b).
of this is that the Chinese will make it the for us
stage. at if option (iii) has to be ruled out, we do not really have much to lose by going down this path.
danger difficult
However,
In
for option
adaptation
all the circumstances, our inclination is to go (iv). I have consulted Doug Martin of the British JLG Office here who agrees that we would do best so proceed : if the Chinese do protest we can argue that is a minor one involving merely where the Crown can be sued, and is not a fundamental change to the system. The Chinese may well seek to make amendments at the stage of adaptation,
we will need to deal with this when it
to the change
but
arises.
It
is
amendments are
perhaps
questionable
whether the proposed so desirable or urgent that they are worth making for the very short space of time in which they will have force. That question is certainly pertinent to the amendment to enable members of the British Forces in Hong Even in Kong to
sue the Crown/UK in the Hong Kong Courts. the
HK residents to sue the
Crown/UK
Hong Kong, there may be very little likelihood
will Chinese
that
case
of
in
the
amendment
·
to
allow
regard existing
practice
as
necessarily binding on them in an area which they will see as touching on the central authorities.
relationship between the SARG and the At this stage, however, subject to
inclined to proceed
we comments,
are
your proposal.
with
the
Yours every
(G.M. Orr )
for Secretary for..Constitutional Affairs
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