TNAG-1357-FCO40-1798-Constitutional-development-in-Hong-Kong-1985 — Page 42

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3. MUCH OF HONG KONG'S LAW DERIVES FROM THE UK. THE EXTEND TO WHICH

UK LAW NEEDS TO BE INCORPORATED IN HONG KONG LAW AND THE MEANS OF

DOING SO IS BEING DEALT WITH SEPARATELY.

STRUCTURE OF S.A.R GOVERNMENT AS SET OUT IN THE JOINT DECLARATION

4. THE JOINT DECLARATHON CLAUSE 3(4) AND ANNEX

PROVIDE THAT

THE GOVERNMENT AND LEGISLATURE OF THE HONG KONG ADMINISTRATIVE

REGIONA SHALL BE COMPOSED OF LOCAL INHABITANTS. THE CHIEF EXECUTIVE

SHALL BE SELECTED BY ELECTION OR THROUGH CONSULTATIONS HELD LOCALLY

AND BE APPOINTED BY THE CENTRAL PEOPLE'S GOVERNMENT. PRINCIPAL

OFFICIALS (EQUIVALENT TO SECRETARIES) SHALL BE NOMINATED BY THE

CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINSTRATIVE REGION

AND APPOINTED BY THE CENTRAL PEOPLE'S GOVERNMENT. THE LEGISLATURE

OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL BE CONSTITUTED

BY ELECTION. THE EXECUTIVE AUTHORITIES SHALL ABIDE BY THE LAW AND

SHALL BE ACCOUNTABLE TO THE LEGISLATURE (ANNEX, SECTION OF

THE JOINT DECLARATION).

THE OBJECTIVES OF THE CHINESE GOVERNMENT

5. THE IMMEDIATE AIM OF THE CHINESE GOVERNMENT IS TO DISCOURAGE

HMG FROM ALLOWING ANY FURTHER CHANGE IN THE STRUCTURE OF GOVERNMENT

IN HONG KONG IR IN THE POWERS OF ITS INSTITUTIONS UNTIL THEIR OWN

PLANS HAVE BEEN CODIFIED IN THE BASIC LAW FOR THE SPECIAL

ADMINISTRATIVE REGION. THEY ARE HIGHLY SUSPICIOUS OF DIRECT

ELECTIONS, SHARING THE VIEW OF SOME IN HONG KONG THAT THESE WILL

BE DIVISIVE AND DESTABILINS/ING. APART FROM WHAT IS SET OUT IN

SECTION AND H OF ANNEX - OF THE JOINT DECLARATION THERE IS NO

CLEAR INDICATION OF WHAT STRUCTURE OF GOVERNMENT THE CHINESE INVISAGE

THEY CLAIM TO HAVE NO BLUE-PRINT. THEY ALSO SEEM TO CONTEMPLATE A

SYSTEM WHICH CAN BE ADAPTED TO CHANGING NEEDS.

Redacted under FOI Exemptions Sec 27(1)

BUT THE LATEST AND MOST

AUTHORITATIVE STATEMENT HAS BEEN MADE BY STATE COUNCILLOR JM PENGFE, AT THE END OF HIS RECENT VISIT TO HONG KONG WHEN HE RULED OUT IMPORTATION OF THE MAINLAND SYSTEM AND THE BRITISH PARLAMENT

SYSTEM. HE SAID ON 21 DECEMBER 1985 THAT ''IN THE COURSE OF

DRAFTING THE BASIC LAW, WE MUST HAVE A RATHER SPECIFIC STIPULATION

ON THE QUESTION OF POLITICAL SYSTEM. IT FORMS AN IMPORTANT PART

OF THE BASIC LAW AND WE CANNOT COPY FROM THE MAINLAND OR ABRAOD.

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