TNAG-1243-FCO40-1557-Future-of-Hong-Kong-1983 — Page 152

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TELELETTER

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RECEIVED IN REGISTRY

28 NOV 1983

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FROM D G BLUNT, PEKING

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22 NOVEMBER 1983

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FOLLOWING FOR W MORRIS, HKD

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COPIED TO R P MARGOLIS, DPA, HONG KONG

23111

Laws =

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FUTURE OF HONG KONG: NEED FOR DETAIL

1. WE NOTED WITH INTEREST JI PENG FEI'S REPORTED R

EMARKS

TRERTES OF BASIC LAWS FOR HONG KONG WOULD BECOME AN APPENDIX

NEW TERRITORIES DISTRICT BOARDS DELEGATION THAT A

TO ARTICLE 31 OF THE CONSTITUTION

AND THAT ! HONG KONG PEOPLE WOULD BE CONSULTED ABOUT MAWS BEFORE THEY WERE "worden. SUBMITTED TO THE NPC FOR APPROVAL (PARA 4 OF HONG KONG

TELNO 1745). THIS LAST POINT CHIMES WITH A REMARK MADE BY AN AMANUENSIS OF YAO GUANG'S NAMED WANG AT THE DINNER FOR THE TWO DELEGATIONS ON 15 NOVEMBER.

Svetay)

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every day

ok.

2. WANG, WHO IS NOT A FORMAL MEMBER OF THE CHINESE

Capata Rode DELEGATION BUT WHO ATTENDS THE TALKS AND PASSES YAO NOTES

OF POINTS TO MAKE DURING THE SESSIONS, WAS ASKED BY WILLIAM EHRMAN, IN THE COURSE OF A DISCUSSION ON THE NEED FOR AGREEMENT ON DETAIL, WHETHER THE CHINESE SIMPLY INTENDED THE TWELVE POINTS IN THEIR PLAN TO FORM THE ENTIRE BASIC

LAW FOR THE SAR. WANG SAID CERTAINLY NOT. THE BASIC LAW WOULD

HAVE TO BE MORE DETAILED. BUT MEMBERS OF THE TWO. DELEGATIONS

WERE GENERALISTS. EXPERTS WOULD BE NECESSARY. EHRMAN ASKED

WHETHER THIS MEANT THAT AT A CERTAIN POINT THE CHINESE WOULD

BE PREPARED TO ENGAGE WITH US IN EXPERT DISCUSSIONS. WANG

SAID THAT IF WE WERE TO TRY TO DO THIS FOR EVEN A FULL SIX

MONTHS HE DOUBTED WHETHER WE COULD REACH AGREEMENT. WE DID NOT

HAVE THAT MUCH TIME TO SPEND ON SUCH AN EXERCISE. EHRMAN SAID

THAT, GIVEN THE IMPORTANCE OF THE ISSUE, SIX MONTHS WORK OR

EVEN LONGER WOULD BE TIME WELL SPENT. HOW OTHERWISE COULD THE

BASIC LAW BE SATISFACTORILY ELABORATED? WANG SAID THAT CHINA

WOULD CONSULT PEOPLE IN HONG KONG ON THIS. THE DELEGATIONS

SHOULD NOW BE TRYING TO REACH AGREEMENT ON POINTS OF PRINCIPLE.

COMMENT

3. IT IS UNCLEAR WHETHER JI AND WANG, WHEN THEY SPOKE OF HONG KONG **PEOPLE'', WERE REFERRING EXCLUSIVELYTO HONG KONG

''COMPATRIOTS. IT IS ALSO UNCLEAR WHEN THEY ENVISAGED

THESE CONSULTATIONS TAKING PLACE. IT WOULD BE UNWISE TO JUMP

TO CONCLUSIONS, NEVERTHELESS THESE REMARKS TEND TOWARDS

AN INTERPRETATION THAT THESE DETAILED PROVISIONS PROVISIONS

OF THE BASIC LAW WHICH THEY CONSIDER TO BE ENTIRELY THEIR

INTERNAL AFFAIR (QUITE APART FROM DETAILS OF IMPLEMENTATION

WHICH THEY ARGUE SHOULD BE LEFT TO THE SAR), WILL BE WORKED

OUT WITH HONG KONG COMPATRIOTS AFTER CHINA AND BRITAIN HAVE

REACHED AGREEMENT ON BROAD PRINCIPLES.

D G BLUNT

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