TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 128

GRS 750

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FM PEKING

Redacted under FOI Exemption S 27 (1)

TO DESKBY 25093OZ FCO

TELNO 433

OF 250639Z MARCH 86

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HKR 011/1

FCEIVED IN MA

26 MAR 1986

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INFO DESKBY 260100Z HONG KONG

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HONG KONG TELNOS 848-852: REPRESENTATIVE GOVERNMENT, THE BASIC LAW

AND THE 1987 REVIEW

1. THE MOST RECENT FORMAL STATEMENT OF THE CHINESE POSITION ON THE

DEVELOPMENT OF REPRESENTATIVE GOVERNMENT WAS MADE BY ZHOU NAN TO MR

RENTON ON 20 JANUARY (MY TELNO 97).

2. ON THE BASIC LAW, THE FORMAL CHINESE POSITION IS THAT CHINA

ALONE WILL BE RESPONSIBLE FOR DRAFTING THE BASIC LAW. THE CHINESE ARGUE THAT THE INTERESTS OF THE INHABITANTS OF HONG KONG (THEY NEVER USE THE WORD PEOPLE IN THIS CONTEXT) WILL BE TAKEN INTO ACCOUNT THROUGH THE MEMBERSHIP OF 23 PEOPLE FROM HONG KONG OF THE DRAFTING COMMITTEE AND THROUGH THE CANVASSING OF VIEWS IN HONG KONG BY THE CONSULTATIVE COMMITTEE. CHINA'S POSITION ABOUT RESPONSIBILITY FOR DRAFTING THE BASIC LAW IS OF COURSE COGNATE WITH THE CHINESE POSITION THROUGHOUT THE NEGOTIATIONS. THE MOST THINK WE WOULD BE ABLE TO BRING THE CHINESE TO ACKNOWLEDGE IS THAT WE HAD A LEGITIMATE INTEREST IN THE OUTCOME (REPEAT OUTCOME) OF THE DRAFTING PROCESS, GIVN THE TERMS OF PARAGRAPH 3(12) OF THE JOINT DECLARATION.

3. ON CONVERGENCE, THE CHINESE POSITION IS THAT A CONVERGENCE BETWEEN WHAT IS STIPULATED IN THE BASIC LAW AND WHAT NOW EXISTS IN HONG KONG IS DESIRABLE. INDEED,-ZHOU NAN SPOKE ENTHUSIASTICALLY ABOUT CONVERGENCE DURING HIS CONVERSATION WITH SIR WILLIAM HARDING ON 28 FEBRUARY (MY TELEGRAM NO 285). BUT THE IMPELICATION OF ALL THE

CHINESE HAVE SAID IS THAT WE SHOULD STAND STILL NOW AND THEN STEER

TOWARDS WHATEVER MAY BE STIPULATED IN THE BASIC LAW AND NOT THAT

THEY SHOULD ADAPT THE BASIC LAW TO WHATEVER MAY HAVE DEVELOPED IN

HONG KONG BETWEEN NOW AND THE TIME OF ITS PROMULGATION.

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