CONFIDENTIAL
9.
4.
Detailed explanation of the Special Administrative Region's political structure, legislature and civic rights. (Hong Kong telegram no 328 of 12 February 1985)
Xu Jiatun, in an interview with Hong Kong journal Pai Hsing at the beginning of February, said that the Basic Law should be a very precise document, according to some, while others felt it should be a more general piece. Ji Peng Fei has generally expressed the view that the Basic Law will be something of a broad brush document. He was quoted by the Hong Kong paper Wen Wei Pao of 5 September as saying that the Basic Law would be " stipulation of principles and will not contain many details
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10. There are clearly those who see certain problems ahead, but equally clearly, no solutions are being put forward yet. Thus the question of the relationship between the proposed law and the constitution of the PRC has been raised, but not solved. Wide Angle of 16 February 1985 stated that the Basic Law would not be a comprehensive statute book since it would not be possible to include all the details in it. It would be an appendix to article 31 of the constitution, but would be not be in conflict with the other clauses of the constitution. Because of this special relationship to the constitution, the Basic Law would not be the same as domestic law. The question of the interpretation of the Basic Law, and the final arbitration of disputes, has also come up and caused some disquiet. Peng Zhen was quoted in early August as saying that in his view, the final decision in any dispute rested with the NPC. However, it was reported that Wang Hanpin, Secretary-General of the NPC Standing Committee and a Vice- Chairman of the Basic Law drafting committee, had said at the first meeting of the drafting committee in Peking that, while in principle, the power to interpret the basic law rested with the NPC, China might consider whether the law could be interpreted at two levels. Hong Kong courts might be given the final say in how the basic law might be applied in each court case, but the NPC would have the power of interpretation on points of law. (Hong Kong tel no 1396 of 9 August.) A somewhat garbled version of the same concept appeared in a Hong Kong government translation of an interview with Wang carried in the magazine The Mirror issue no 96 July 1985.
11.
We hope to let you have some comments on the question of "democratic consultation" (Peking telegram no 1751 of 29 August) in due course.
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نتال
J E Hoare
Far Eastern Section Research Department
cc (without encs): J Powell Esq, HKD
I C Orr Esq, FED
PA B Thomson Esq, Peking
CONFIDENTIAL
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