TNAG-1396-FCO40-1868-Future-of-Hong-Kong-Basic-Law-1985 — Page 116

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CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG 03100OZ APR 85

TELEGRAM NUMBER 669 OF 3 APRIL

INFO IMMEDIATE PEKING

TO IMMEDIATE F C O

HK KOP COPY Hk

RECE

· 4 APR 1985

PEKING TEĽNO 444 : HONG KONG AGREEMENT : INTERPRETATION OF BASIC LAW.

ん

PENG ZHEN'S REMARKS TO HONG KONG AND MACAU REPORTERS ON 29 MARCH HAVE RECEIVED WIDESPREAD COVERAGE IN THE HONG KONG PRESS. PROFESSOR SAMUEL FINER, PROFESSOR OF COMPARATIVE GOVERNMENT AT OXFORD, GAVE A SPEECH TO A ROTARY CLUB LUNCHEON ON 2 APRIL, DURING WHICH HE SAID HE WAS ASTOUNDED AT THE FACT THAT THE RIGHT OF HONG KONG PEOPLE TO INTERPRET THE BASIC LAW WAS NOT SPECIFICALLY LAID OUT IN THE JOINT DECLARATION. IF THE FINAL INTERPRETATION OF THE BASIC LAW LAY IN PEKING, HONG KONG'S AUTONOMY AFTER 1997 WOULD BE ILLUSORY'' PROFESSOR FINER ALSO SAID THAT HE WAS ASTONISHED THAT NO ONE SEEMED TO HAVE GIVEN ANY THOUGHT TO THIS ISSUE DURING THE NEGOTIATIONS. HIS REMARKS HAVE ALSO BEEN GIVEN PROMINENT AND WIDESPREAD COVERAGE INTHE LOCAL PRESS.

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2. YOUR WILL RECALL THAT THERE WAS CONSIDERABLE DISCUSSION DURING THE NEGOTIATIONS ABOUT THE ADVISABILITY OF TACKLING THIS ISSUE WITH THE CHINESE. IT WAS EVENTUALLY DECIDED THAT IT WOULD BE BETTER NOT TO RAISE IT WITH THEM FOR FEAR OF GETTING THE WRONG ANSWER, AND THAT PRESSURE OF PUBLIC OPINION IN HONG KONG MIGHT BE MORE EFFECTIVE IN GETTING THE CHINESE TO ACCEPT THAT THE HONG KONG COURTS MIGHT HAVE POWER TO INTERPRET THE BASIC LAW.

3. WE ARE LIKELY TO COME UNDER PRESSURE TO COMMENT. WE CANNOT, OF COURSE, REVEAL THE SUBSTANCE OF OUR INTERNAL DELIBERATIONS DURING THE TALKS. IF PRESSED, WE PROPOSE TO TAKE THE FOLLOWING LINE:

(A) RECALL THE PRIME MINISTER'S REMARKS AT HER PRESS CONFERENCE IN HONG KONG ON 20 DECEMBER, RELAYING PREMIER ZHAO ZIYANG'S FIRM ASSURANCE THAT THE BASIC LAW WOULD BE DRAFTED ON THE BASIS OF THOROUGH CONSULTATION WITH HONG KONG PEOPLE.

(B) ADD THAT THIS ISSUE IS NO DOUBT ONE WHICH HONG KONG PEOPLE WILL WISE TO RAISE IN THE COURSE OF THESE CONSULTATIONS.

YOUDE

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.

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