TNAG-1283-FCO40-1635-Constitutional-development-in-Hong-Kong-1984 — Page 77

SECRET

18908 1

-

APPOINTED BY THE CENTRAL PEOPLE'S GOVERNMENT. OTHER PRINCIPAL

OFFICIALS WOULD BE APPOINTED BY THE CENTRAL PEOPLE'S GOVERNMENT

ON THE BASIS OF THE RESULTS OF ELECTIONS OR CONSULTATIONS HELD

LOCALLY. OTHER OFFICIALS WOULD BE APPOINTED BY THE SAR

GOVERNMENT.

IMPLICATIONS

5.

EXISTING CONSTITUTIONAL INSTRUMENTS RELATING TO HONG KONG (EG THE LETTERS PATENT AND THE ROYAL INSTRUCTIONS) WOULD BE REVOKED. THE PROVISIONS OF THOSE INSTRUMENTS WHICH ARE RELEVANT TO THE

GOVERNMENT OF THE HONG KONG SAR WOULD BE REPLACED BY SIMILAR

PROVISIONS IN THE BASIC LAW TO BE ENACTED BY THE NATIONAL

PEOPLE'S CONGRESS FOR THE SAR OR IN SUBSIDIARY SAR LEGISLATION,

WITH SUCH AMENDMENT AS MIGHT BE NECESSARY. THE NEW PROVISIONS

WOULD ENSHRINE THE MAXIMUM DEGREE OF AUTONOMY FOR HONG KONG

(CHINA) IN RESPECT OF THE EXERCISE OF EXECUTIVE, LEGISLATIVE AND JUDICIAL FUNCTIONS. CONTINUING PROVISION WOULD BE MADE FOR THE

SEPARATION OF EXECUTIVE, LEGISLATIVE AND JUDICIAL POWERS. 6. BY VIRTUE OF THE PROVISIONS OF THE BASIC LAW, THE GOVERNMENT OF THE SAR WOULD HAVE POWERS TO CONDUCT AUTONOMOUSLY ALL MATTERS

RELATING TO THE INTERNAL AFFAIRS OF THE SAR AND TO CONDUCT

AUTONOMOUSLY ECONOMIC AND CULTURAL EXTERNAL RELATIONS. THE

CENTRAL PEOPLE'S GOVERNMENT WOULD BE RESPONSIBLE FOR FOREIGN

POLICY AND DEFENCE QUESTIONS AFFECTING HONG KONG, BUT WOULD

CONSULT WITH THE SAR GOVERNMENT ON SUCH MATTERS.

7. IN ORDER TO PRESERVE STABILITY AND PROSPERITY IN HONG KONG,

IT WILL BE NECESSARY TO PRESERVE CONFIDENCE. THE PRESERVATION OF

CONFIDENCE WILL REQUIRE THE MAXIMUM POSSIBLE CONTINUITY OF

INSTITUTIONS AND THESE INSTITUTIONS WILL NEED TO BE SEEN TO

EXERCISE FREELY THE AUTONOMY PROVIDED FOR IN THE BASIC LAW. THIS

IMPLIES THAT, WHILE PROVISION FOR GOVERNMENT STRUCTURES WILL BE MADE BY THE NATIONAL PEOPLE'S CONGRESS OF THE PRC AS PART OF THE BASIC LAW OF THE SAR OF HONG KONG (CHINA), THIS SHOULD INVOLVE A

HIGH DEGREE OF CONTINUITY.

8. THE GENERAL STRUCTURE OF THE GOVERNMENT THAT EXISTED IN HONG KONG IMMEDIATELY PRIOR TO 1 JULY 1997 WOULD THEREFORE REMAIN ESSENTIALLY UNCHANGED. THIS IMPLIES THAT THERE WOULD BE A CHIEF

2

SECRET