TNAG-1283-FCO40-1635-Constitutional-development-in-Hong-Kong-1984 — Page 171

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TELEGRAM NUMBER 94 OF 20 JANUARY

AND TO IMMEDIATE PEKING

WORKING PAPER ON CONSTITUTIONAL ARRANGEMENTS AND CENTRAL GOVERNMEN

STRUCTURES:

THE CHINESE PROPOSALS

1. THE HONG KONG SAR, DIRECTLY UNDER THE AUTHORITY OF THE CENTRAL

GOVERNMENT, WOULD BE ESTABLISHED IN ACCORDANCE WITH ARTICLE 31 OF

THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA.

2. THE BASIC SYSTEM OF THE HONG KONG SAR WOULD BE PRESCRIBED IN

THE BASIC LAW. THIS WOULD BE DRAFTED AND ENACTED BY THE NATIONAL

PEOPLE'S CONGRESS. IT WOULD CONTAIN SUCH ISSUES AS THE SOCIAL

AND ECONOMIC SYSTEMS IN THE SAR, THE RELATIONSHIP BETWEEN THE

CENTRAL AUTHORITIES AND THE SAR, THE POWERS OF AND RELATIONSHIPS

BETWEEN THE EXECUTIVE, LEGISLATURE AND JUDICIARY OF THE SAR AND

THE RIGHTS AND OBLIGATIONS OF ITS CITIZENS.

3. THE HONG KONG SAR WOULD ENJOY A HIGH DEGREE OF AUTONOMY. THE

LAWS, DECREES AND REGULATIONS CURRENTLY IN FORCE WOULD REMAIN

BASICALLY UNCHANGED. THE SAR GOVERNMENT COULD MAKE ITS OWN LAWS

WHICH IT WOULD REPORT TO THE STANDING COMMITTEE OF THE NATIONAL

PEOPLE'S CONGRESS FOR THE RECORD. THE CENTRAL GOVERNMENT WOULD

NOT INTERVENE SO LONG AS THE SAR MADE LAWS WITHIN THE SPHERE AND

LIMITS OF ITS AUTHORITY AS PRESCRIBED BY THE BASIC LAW AND IN

ACCORDANCE WITH THE LEGAL PROCEDURES.

4. THE GOVERNMENT OF THE HONG KONG SAR WOULD BE COMPOSED OF LOCAL

INHABITANTS. THE PRINCIPAL OFFICIALS WOULD BE APPOINTED BY THE

CENTRAL GOVERNMENT ON THE BASIS OF THE RESULTS OF ELECTIONS OR

CONSULTATIONS HELD LOCALLY.

IMPLICATIONS

CONSTITUTIONAL ARRANGEMENTS

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