TNAG-1283-FCO40-1635-Constitutional-development-in-Hong-Kong-1984 — Page 70

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

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FM HONG KONG 13091OZ FEB 84

TO IMMEDIATE FCO

TELEGRAM NUMBER 364 OF 13 FEBRUARY

INFO IMMEDIATE PEKING

MIPT: FUTURE OF HONG KONG: WORKING PAPER ON CONSTITUTIONAL

ARRANGEMENTS AND CENTRAL GOVERNMENT STRUCTURE.

1. FOLLOWING ARE POINTS TO BE MADE:

(1) ONE OF THE MOST IMPORTANT SUBJECTS IN THESE NEGOTIATIONS.

NOTHING IN OUR PROPOSALS WHICH IS INCONSISTENT WITH THE CHINESE

PREMISE AND THE 12 POINT PLAN.

(2) PROPOSALS ARE DESIGNED TO ACHIEVE MAXIMUM CONTINUITY OF THE UNDERLYING PRINCIPLES ON WHICH THE PRESENT SYSTEM OPERATES, AND WHICH ARE OF VITAL IMPORTANCE IF CONFIDENCE IS TO BE PRESERVED,

1.E. SEPARATION OF EXECUTIVE, LEGISLATIVE AND JUDICIAL POWERS

AND A LARGE MEASURE OF AUTONOMY IN THE ENACTMENT OF LEGISLATION

AND THE PROCEDURES FOR DETERMINING POLICY IN A WIDE RANGE OF

SUBJECTS.

(3) THE PAPER CONTAINS GENERAL PROPOSITIONS WHICH WILL NEED TO BE REFINED BEFORE THEY WOULD BE SUITABLE FOR INCORPORATION IN THE

BASIC LAW TO ESTABLISH THE CONSTITUTION OF THE FUTURE HONG KONG

SAR AS A REPLACEMENT FOR THE LETTERS PATENT AND ROYAL INSTRUCTIONS.

(4) THE PAPER DOES NOT REFER TO THE COLONIAL REGULATIONS BECAUSE

. THESE ARE NOT CONSTITUTIONAL INSTRUMENTS. SOME OF THEM WILL BE

REPLACED BY HONG KONG LAW. OTHERS ARE ALREADY COVERED BY INTERNAL

HONG KONG REGULATIONS. SOME WILL SIMPLY NOT APPLY AFTER 1997.

(5) CERTAIN GENERAL PROVISIONS OF THE CHINESE CONSTITUTIONARE

INCONSISTENT WITH THE SYSTEMS WHICH THE BASIC LAW FOR THE FUTURE

HONG KONG SAR WOULD BE DESIGNED TO PRESERVE. IT IS ASSUMED THAT

THE CHINESE WOULD DECLARE THAT THESE PROVISIONS IN THE CONSTITUTION

OF THE PRC DID NOT APPLY IN HONG KONG.

SECRET

(b) THE NEED

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