TNAG-1284-FCO40-1636-Constitutional-development-in-Hong-Kong-1984 — Page 314

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1. These few paragraphs are no more than an introduction to

a subject of considerable breadth and importance.

Lectora

accompanied by the establishmen

NA LCSONÁ

Requéations,

2. Revocation of the constitutional instruments relating to

Hong Kong, namely the Letters Patent, Royal Instructions,

Colonial Regulations and any relevant orders in Council must

(The latter will also neid be [replaced by new constitutional arrangements. It is

to deal wi three maters whini presumably the Basic Law which is intended to provide the

covered ling

bolonial framework within which the new institutions of Hong Kong SAR

will operate. Some thought will need to be given to the ways

in which the Chinese plan for devolution of power to the SAR

will be effected. Since a limited devolution is contemplated

general because certain functions such as defence and the conduct of

conduct

external affairs will remain the responsibility of the CPG, the

degree of autonomy to be enjoyed by the legislature and the

executive authorities of the SAR will need to be carefully

defined. Would we be right to assume that the Basic Law will

prescribe the institutions in which the power of legislation and

independent judicial power will be vested? Will it also confer

conclude the authority under which the Hong Kong SAR may sign on its own initiative

behalf the agreements with foreign countries and regions and

international organisations that will enable it to maintain and

develop economic and cultural relations? Will the scope of

authority vested in the Government of the SAR be defined in the

Basic Law? Will there be some provision for resolving disputes

over the extent of autonomy?

B.

We have been giving some thought to all these matters and

we have ideas to offer. Whilst we recognise that the drafting

of the Basic Law is a matter over which the Chinese Government will

wish to have control, the purpose of the constitutional

arrangements proposed and therefore the objectives of those

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