TNAG-1327-FCO40-1740-Future-of-Hong-Kong-Ministerial-statements-1984 — Page 33

CONFIDENTIAL

40.

WHAT DEGREE OF AUTONOMY WILL THE SAR ENJOY?

SAR will enjoy a high degree of autonomy.

affairs will be the responsibility of the PRC.

its own executive, legislature and courts.

Foreign and defence

The SAR will have

*

*

DIRECTLY ELECTED DEMOCRATIC GOVERNMENT AS "SAFEGUARD" OF HONG KONG'S

CONTINUING AUTONOMY?

41.

Agreement provides for the future SAR to enjoy a high degree of autonomy except in foreign and defence affairs, and for there to be an elected legislature composed of local inhabitants.

Precise pace

of democratic evolution between now and 1997 will be matter for

consideration by British and Hong Kong Governments taking full

account of views of people of Hong Kong.

CHINESE REACTIONS TO EVOLUTION OF DEMOCRACY IN HONG KONG?

42.

The agreement makes it clear that HMG is responsible for the administration of Hong Kong up to 1997. The Hong Kong Government

has published a White Paper on the Further Development of Representative Government, in light of public comments on Green Paper published in July. This took full account of provisions in the agreement on the contitutional organisation for the Hong Kong

SAR.

WILL PEOPLE OF HONG KONG/UK HAVE A SAY IN DRAFTING OF BASIC LAW? 43. Drafting of Basic Law a matter for the Chinese Government. They have made it clear however that people of Hong Kong will be consulted. Policies stated in Joint Declaration and Annex I will be

stipulated in Basic Law.

RESPONSIBILITY FOR INTERPRETATION OF BASIC LAW?

44. The Basic Law will be one of the laws of the Hong Kong Special Administrative Region. The Courts of the SAR must decide cases in accordance with those laws. Powers of final adjudication will be vested in those courts. The agreement does not however say which

court of the SAR is to have the final responsibility for the interpretation and application of the Basic Law. Key point is that Basic Law will embody Chinese policies for Hong Kong set out in Joint Declaration and elaborated in Annex 1.

CONFIDENTIAL

- 9 -