CONFIDENTIAL
[ DEFENSIVE - INCOMPATIBILITY BETWEEN CONSTITUTION AND BASIC
LAW]
20. I have noted the concern expressed by some noble Lords
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
is not for me
for me to interpret the Chinese
Constitution, it seems to me that the purpose of Article 31
was to make possible the application in specified regions of systems which the constitution would rule out elsewhere in
the country. Indeed this has been borne out by expert
articles in the Chinese press.
CONFIDENTIAL
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