OO HONG KONG
GRS 200
CONFIDENTIAL
FM FCO 031720Z APRIL 85
TO IMMEDIATE HONG KONG
CONFIDENTIAL
TELEGRAM NUMBER 484 OF 3 APRIL 1985
INFO IMMEDIATE PEKING
YOUR TELNO 669: HONG KONG AGREEMENT:
LAW
TOP COPY
10011 1
HKK 04021
- 4 APR 1985
си
and
INTERPRETATION OF BASIC
1. WE AGREE WITH THE LINE PROPOSED IN YOUR PARA 3. YOU MIGHT ALSO WISH TO REBUT FINER'S CLAIM THAT 'THE RIGHT OF HONG KONG PEOPLE TO INTERPET THE BASIC LAW WAS NOT SPECIFICALLY LAID OUT IN THE JOINT DECLARATION', ALONG THE FOLLOWING LINES:
THE LEARNED PROFESSOR APPEARS TO HAVE OVERLOOKED THE PROVISIONS OF SECTION II OF ANNEX I TO THE JOINT DECLARATION, WHICH PROVIDES THAT THE BASIC LAW WILL BE ONE OF THE LAWS OF THE SPECIAL
ADMINISTRATIVE REGION, AND SECTION III OF THE SAME ANNEX WHICH
PROVIDES THAT:
(I) JUDICIAL POWER (WHICH OF COURSE INCLUDES THE POWER TO INTERPRET LAWS) WILL BE VESTED IN THE SAR COURTS, AND
(II) THAT THE POWER OF FINAL JUDGEMENT OF THE SAR SHOULD BE VESTED IN THE COURT OF FINAL APPEAL IN THE SAR.
2. IN ORDER TO AVOID THE APPEARANCE OF CONTRADICTING PENG ZHEN, YOU WOULD PROBABLY NEED TO ADD THAT THIS DOES NOT OF COURSE COVER
THE POWER OF FINAL INTERPREATION OF THE BASIC LAW AS A LAW OF CHINA, FOR WHICH PROVISION WILL NEED TO BE MADE IN THE BASIC LAW.
HOWE
HONG KONG AGREEMENT
LIMITED
HD/HKD
HD/FED
HD/PLANNING STAFF
HD/PUSD
DEP HD/PUSD
RESEARCH DEPT (MR WALKER)
PS
PS/MR LUCE
PS/PUS
SIR W HARDING
MR WILSON
SIR J FREELAND
MR J CROWLEY, PUSD
COPIES TO:(VIA ADR)
MR ROBERTS, NEWS DEPT
MR FIFOOT, LEGAL ADVISERS MR BURROWS, LEGAL ADVISERS
MR MARTIN, ASST STAFF CABINET
OFFICE
MR CARTLEDGE. CABINET OFFICE MR DR C CHRISTOPHER. CABINET OFF. SIR P CRADDOCK, No. 10 DOWNING ST.
CONFIDENTIAL
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