Redacted under
FOI exemption
27(1)
SEORET
(c).
7
6
GR 1150
6
Nawick
sed
SECRET
FM PEKING 17081OZ JAN 84
TO HIMMEDIATE FCO
TELEGRAM NUMBER 85 OF 17TH JAN 8
HICK CH3COPY
RECEIVED IN REGISTRY
17 JAN1984
INFO IMMEDIATE HONG KONG
DESK OFFCM
PEGISTRY
INDEX
PA
suon Taken
No
Th
Heel
HONG KONG TELNOS 93 AND 94: FUTURE OF HONG KONG: WORKING PAPER ON THE GOVERNMENTAL STRUCTURE..
1.
<<
*IN GENERAL WE AGREE WITH THE DRAFT IN SECOND TUR. HOWEVER,
ONE MAJOR POINT · THE RELATIONSHIP BETWEEN THE SAR AND THE CENTRAL PEOPLE'S GOVERNMENT (CPG) - HIS NOT COVERED AND THERE IIS NO SUGGESTION AS TO HOW THE ROYAL INSTRUCTIONS, LETTERS PATENT AND COLONIAL REGULATIONS SHOULD BE REPLACED. THE
CHINESE WILL BE EXPECTING A SPECIFIC REFERENCE TO THE LATTER:
WE HAVE PREVIOUSLY EXPLAINED THAT THEY WERE NOT DEALT WITH IN THE LEGAL SYSTEMS PAPER AS WE WERE INTENDING TO COVER THIS
QUESTION IN THE PAPERS CONCERNING CENTRAL CONSTITUTIONAL
ARRANGEMENTS. WE THEREFORE SUGGEST AN INTRODUCTORY PARAGRAPH
BE INSERTED BEFORE THE PRESENT PARAGRAPH 5 ALONG THE FOLLOWING
L'INES:
''A BASIC LAW GOVERNING THE STRUCTURE AND SYSTEMS OF THE SAR AND
THE RIGHTS AND OBLIGATIONS OF HITS CITIZENS WOULD BE ENACTED
BY THE NPC. THIS WOULD REPLACE THE CONSTITUTIONAL PROVISIONS
OF THE ROYAL HNSTRUCTIONS, LETTERS PATENT AND COLONIAL REGULATIONS.''
2.
OUR DETAILED COMMENTS ON THE DRAFT ARE:
(A) THE ''CHINESE PLAN'' SHOULD BE EXPANDED TO INCLUDE :
(K) THE BASIC SYSTEMS OF THE HONG KONG SAR WOULD BE PRESCRIBED
MN THE BASIC LAW''
(tl) THE HONG KONG SAR COULD MAKE ITS OWN LAWS WHICH MT
WOULD REPORT TO THE STANDING COMMITTEE OF THE NPC FOR THE RECORD. THE CENTRAL GOVERNMENT WOULD NOT INTERVENE SO LONG AS THE HONG KONG SAR MADE LAWS WITHIN THE SPHERE AND LIMITS OF
NTS AUTHORITY AS PRESCRIBED BY THE BASIC LAW AND IN ACCORDANCE
WITH THE LEGAL PROCEDURES... THE STATE HAD THE POWER TO ANNUL
LAWS MADE BY THE HONG KONG SAR ONLY INSO FAR AS THEY CONTRADICTED THE PRINCIPLES OF THE BASIC LAW OR OVERSTEPPED THE
LIMITS OF AUTHORITY AS PRESCRIBED BY THE BASIC LAW.''
(KM) THE BASIC LAW WOULD BE DRAFTED AND ENACTED BY THE NATIONAL PEOPLE'S CONGRESS. IT WOULD CONTAIN SUCH #SSUES OF FUNDAMENTAL IMPORTANCE AS THE SOCIAL AND ECONOMIC SYSTEMS IN THE SAR, THE RELATIONSHIP BETWEEN THE CENTRAL AUTHORITIES
SECRET
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