TNAG-1283-FCO40-1635-Constitutional-development-in-Hong-Kong-1984 — Page 158

3.

OUR DETAILED COMMENTS ARE AS FOLLOWS:

(1) PREAMBLE: WE WOULD PREFER TO REFER TO THE CHINESE YOLANT

PATHER THAN PROPOSALS, AS IN OTHER PECENT PAPERS,

(811) PARAGRAPH 2: (A) WE SHOULD REFER TO THE PROPOSED

DURATION OF 50 YEARS FOR THE BASIC LAW. THIS COULD BE ADDED

TO THE FIRST SENTENCE OF THE PARAGRAPH.

(B) SINCE WE ARE REFERRING TO THE APPOINTMENT OF CHIEF OFFICIALS IN THE IMPLICATIONS SECTION OF THE PAPER, THE

CORRESPONDING PASSAGE IN THE CHINESE PLAN OUGHT SURELY TO

APPEAR IN THE FIRST SECTION.

1

**INCLUSION**

(111) PARAGRAPH 5: WE WILL GET BETTER CHANGE OOUT OF THE

CHINESE IF WE REFER TO REPLACEMENT OF ELEMENTS OF THE

LETTERS PATENT, ROYAL INSTRUCTIONS AND COLONIAL

REGULATIONS BY SIMILAR PROVISIONS, RATHER THAN THE

OF PARTS OF THEM IN THE BASIC LAW. THIS IS PRESENTATIONAL,

BUT PRESENTATION IS IMPORTANT. WE SUGGEST THAT THE SECOND

CENTENCE RE REDPAFTED ALONG THE FOLLOWING LINES:

"....THOSE INSTRUMENTS WHICH NIGHT DE RELEVANT TO THE

COVERNMENT OF THE HONG KONG SAR WOULD BE PEPLACED BY SİMİLER PROVISIONS IN THE BASIC LAW TO BE ENACTED BY THE NPC

FOR THE SAP OR

(IV) PARAGRAPH 6: WE ALREADY KNOW THAT THE INTERNAL AUTONOMY

OF THE SAR WILL BE LIMITED BY THE PROVISIONS OF THE BASIC LAY.

WE CONSIDER IT ESSENTIAL TO MAKE IT CLEAR THAT THIS IS THE

HYPOTHESIS ON WHICH WE ARE WORKING. IN ADDITION, WE

ASSUME THAT THE SECOND SENTENCE IS NOT INTENDED TO CHALLENGE

THE STATEMENT THAT THE CENTRAL COVERNMENT WOULD BE COMPETENT

ON QUESTIONS OF FOREIGN POLICY AND DEFENCE. WE CERTAINLY

SEE NO POINT IN CHALLENGING THIS THESIS. WE SUGGEST THAT THE

WHOLE PARAGRAPH BE REDRAFTED TO READ -

**SUBJECT TO THE PROVISIONS OF THE BASIC LAW, THE GOVERNMENT

OF THE SAR WOULD HAVE POWERS TO COMBUCT AUTONOMOUSLY ALL

HATTERS RELATING TO THE INTERNAL AFFAIRS OF THE SAP, AND TO CONDUCT AUTONOMOUSLY ECONOMIC AND CULTURAL EXTERNAL RELATIONS.

THE CENTRAL GOVERNMENT WOULD BE RESPONSIBLE FOR FOREIGN POLICY AND DEFENCE QUESTIONS AFFECTING HONG KONG, BUT WOULD CONSULT

WITH THE SAR GOVERNMENT ON SUCH MATTERS.

(V) PARAGRAPH 7: (A) THE FIRST SENTENCE IS UNCLEAR. WE SUGGEST- **IN GREER TO PRESERVE STABILITY AND SPOSPERITY IN HONG KONG

IT WILL BE NECESSARY TO PRESERVE CONFIDENCE. THE PRESERVATION

OF CONFIDENCE WILL REQUIRE THE MAX TUR POSCIELE CONTINUITY OF

INSTITUTIONS, AND THESE INSTITUTIONS WILL NEED TO BE SEEN TO

BE EXERCISE FREELY THE AUTONOMY PROVIDED FOR IN THE BASIC LAW

(1) THE CHINESE WILL SEE THE REFERENCE TO WITHOUT OUTSIDE INVOLVEMENT' IN THE LAST SENTENCE AS IMPROPER.

AS IMPROPEP. THEY DO NOT