TNAG-1373-FCO40-1819-Ministerial-visits-from-the-UK-to-Hong-Kong-1985 — Page 47

[HK3AEQ]

CONFIDENTIAL

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

4.

BASIC LAW

Points to Mak in Public

1.

Government.

2.

Drafting of the Basic Law a matter for Chinese

Welcome decision to include Hong Kong people on Basic

Law Drafting Committee and to establish Basic Law Consultative

Committee in Hong Kong.

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 1.

DEFENSIVE

4.

Courts of Special

[Interpretation of the Basic Law. ]

Administrative Region will be required to

act in accordance

with the Basic Law which will be one of

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

the SAR shall be vested

all makes clear that judicial power

in the courts of

of the SAR. It also makes clear that the power

of final judgment will be vested in the court of final

final appeal

in the SAR.

5.

government

[Post-197 Government structure.] Agreement includes a

number of important provisions on this:

and

legislature to be composed of local inhabitants, legislature to be consituted by elections, executive authorities to be

legislature. [If pressed.] Development

accountable

to

representative

of

in Hong

Kong

SO

far entirely

government

CONFIDENTIAL