TNAG-1316-FCO40-1716-Future-of-Hong-Kong-preparation-of-the-Joint-Declaration-1984 — Page 17

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4.

Internal conflict and inconsistency may also exist

in respect of other aspects of the constitutional arrangements. Hong Kong telnos 1843 and 1844 of 6 July contain the text

of a "boiled down" and "absolute minimum" version of

paragraph 4 of the main agreement.

The "boiled down"

version provides that the laws made by the Hong Kong legislative authorities remain in force "if in accordance

with the Basic Law" and even the absolute minimum version

has a qualitative provision for autonomy. Each of these could give rise to what in our terms would be a constitutional issue involving the resolution of inconsistency or incompatibility between the (legislative) acts of different authorities; but it is clear from the passage quoted above

from Peking telno 1300 that the Chinese will be reluctant to permit the SAR courts to deal with such an issue in a

manner which would involve invalidating SAR legislation.

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Paul Filter

Paul Fifdot

Deputy Legal Adviser