TNAG-1283-FCO40-1635-Constitutional-development-in-Hong-Kong-1984 — Page 152

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

SECRET

see (28

TOP COP!

HKR 011/3

НКК

RECE

MISTRY

31 JAN 1984

REGISTRY Motion Take?

GRS 250

SECRET

FM HONGKONG 311100Z JAN 84

TO IMMEDIATE F C O

TELEGRAM NUMBER 252 OF 31 JANUARY

INFO IMMEDIATE PEKING

M.L.P.T.

INDE)

по 1 тик

FCEB

21

FUTURE OF HONG KONG : WORKING PAPER ON CONSTITUTIONAL ARRANGEMENTS

ETC.

1. OUR CONSIDERATION OF THIS PAPER HAS BROUGHT OUT THE GREAT IMPORTANCE OF CONSIDERING VERY CAREFULLY THE EXACT NATURE OF THE IMPORTANT PROVISIONS WHICH WOULD NEED TO BE SET OUT IN THE BASIC LAW IF IT IS TO BECOME IN EFFECT THE CONSTITUTION FOR HONG KONG.

THE FORMULATIONS IN THE PAPER WOULD REQUIRE MUCH MORE WORK BASED ON

ADVICE FROM LEGAL ADVISERS BEFORE THEY COULD BE REGARDED PRECISE

ENOUGHT FOR THE PURPOSE. THERE ARE ALSO WE BELIEVE ADDITIONAL POINTS

WHICH COULD USEFULLY BE COVERED TO ENSURE THAT THE BASIC LAW COULD

BE FITTED TOGETHER WITH THE HONG KONG LEGAL SYSTEM AND GOVERNMENT

STRUCTURES AS THEY WILL EXIST BY 1997.

2. THERE IS IN ADDITION THE ISSUE OF HOW IT WOULD BE ARRANGED THAT THE GENERAL PRINCIPLES OF THE PRC CONSTITUTION WOULD NOT BE APPLIC-

ABLE TO THE SAR WHERE THEY ARE INCONSISTENT WITH THE PROVISIONS

OF THE BASIC LAW.

3. THIS NEED NOT HOLD UP THE CONSIDERATION OF THE PAPER BY

MINISTERS AND GIVING IT TO THE CHINESE ON A 'NO COMMITMENT''

BASIS. BUT IT WILL BE IMPORTANT WHEN TABLING THE PAPER TO MAKE

CLEAR THAT IT PRESENTS GENERAL PROPOSITIONS WHICH WOULD NEED TO

BE REFINED BEFORE THEY COULD SENSIBLY BECOME THE BASIS OF

CONSTITUTIONAL LEGAL INSTRUMENTS WHICH COULD PROVIDE ADEQUATE

ASSURANCES TO THE PEOPLE OF HONG KONG. WE DO NOT WANT A SITUATION

SECRET

IN WHICH

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