CONFIDENTIAL
SECTION I: CONSTITUTION
CHINESE CONSTITUTION TO APPLY TO HONG KONG AFTER 1997? POSSIBLE
CONFLICT BETWEEN BASIC LAW/CHINESE CONSTITUTION?
35. We expect Basic Law to make clear which provisions of Chinese
Constitution apply to Hong Kong. Cannot conceive that the Basic Law
will conflict with the Chinese Constitution, the Chinese will be
drafting the Basic Law and will ensure that it does not conflict.
Agreement makes absolutely clear that socialist system and policies
practised on mainland will not be practised in Hong Kong after
1997.
2
WHY IS THE STRUCTURE OF GOVERNMENT IN THE SAR NOT SPELT OUT IN
GREATER DETAIL?
Law.
is a
13
36. Detailed structure of government
matter for the Basic
Would not have been right to attempt to lay down details
years in advance. Must allow for development between now and 1997. The agreement however states there will be an elected legislature, an executive accountable to the legislature, and a chief executive.
WHY WILL THE CHIEF EXECUTIVE OF THE SAR NOT NECESSARILY BE ELECTED
IF THE LEGISLATURE WILL?
37. The outcome of negotiation was provision that options would be
left open.
Hard to predict rate of change over next 13 years but present evolution towards more representative procedures of selection will certainly continue towards 1997, in accordance with
wishes of Hong Kong people.
}
THE AGREEMENT SAYS GOVERNMENT OF THE SAR WILL BE MADE UP OF LOCAL
INHABITANTS. DEFINITION OF LOCAL INHABITANTS?
38. No definition in agreement. Will no doubt be defined by Basic
Law.
RELATIONSHIP BETWEEN THE AGREEMENT AND WHITE PAPER ON CONSTITUTIONAL
DEVELOPMENT?
39. White Paper deals with Hong Kong before 1997. Britain will remain responsible for administration of Hong Kong up to 1 July 1997. [See also Note under heading "related questions"]
CONFIDENTIAL
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