TNAG-1326-FCO40-1738-Future-of-Hong-Kong-Parliamentary-debates-1984 — Page 118

CONFIDENTIAL

(J) BASIC LAW

27. The drafting of the Basic Law is a matter for the Chinese

Government. However it is stated in the agreement itself that the

policies described in the Joint Declaration and Annex I will be

stipulated in the Basic Law. We therefore already have a good idea

of what it will contain. Chinese spokesmen have repeatedly made it

clear that the people of Hong Kong will be consulted on its

drafting, although the exact form of this consultation has not yet

been specified. In the period between now and 1997 there will be a

need for close cooperation between the British and Chinese

Governments. The Joint Liaison Group exists for this purpose, and

look forward to a close and constructive partnership.

[DEFENSIVE

IN-COMPATIBILITY BETWEEN CONSTITUTION AND BASIC LAW] -

28. I have noted some members' concern that the Basic Law might be incompatible with the Chinese constitution. The Basic Law is yet to be drafted: I find it inconceivable that the Chinese government

would draft a Basic Law which was incompatible with their own constitution. The agreement is absolutely clear that the socialist policies practised on the mainland will not be applied to the SAR. Although it is not for me interpret the Chinese constitution, it seems to me that the purpose of Article 31 was to make possible the application in specified regios of systems which the constitution

would rule out elsewhere in the country.