TNAG-1372-FCO40-1818-Ministerial-visits-from-the-UK-to-Hong-Kong-1985 — Page 23

[HK3AEQ]

CONFIDENTIAL

MR RENTON'S VISIT TO HONG KONG (27-31 OCTOBER 1985)

4.

BASIC LAW

Points to Make in Public

1.

Drafting of the Basic Law

matter for Chinese

Government.

2.

Welcome decision to

Law Drafting Committee

Committee in Hong Kong.

include Hong Kong people on Basic

to establish Basic Law Consultative

3.

Agreement makes clear that Basic Law will embody Chinese

policies for Hong Kong as set out in Joint Declaration and as

elaborated in Annex I.

DEFENSIVE

4.

[Interpretation of the Basic Law.]

Courts of Special

Administrative Region will be required to act in accordance

with the Basic Law which will be one of the laws of the SAR.

If in any proceedings there arises a question as to the meaning

of that law, I would expect the Hong Kong court involved to determine that question, in accordance with judicial precedent

and subject to the usual appeal procedures. Agreement after all makes clear that judicial power in the SAR shall be vested

in the courts of the SAR. It also makes clear that the power

of final judgment will be vested in the court of final appeal

in the SAR.

[Post-1997 Government structure.]

Agreement includes

5.

government and

number of important provisions on this:

legislature to be composed of local inhabitants, legislature to

be consituted by elections, executive authorities to be legislature. [If pressed.] Development of

government in Hong Kong SO far entirely

accountable to

representative

CONFIDENTIAL