TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 131

GRS 950

SECRET

FM HONG KONG

TO DESKBY 21100OZ FCO

TELNO 848

OF 21013OZ MARCH 86

INFO IMMEDIATE PEKING

Secret

REPRESENTATIVE GOVERNMENT, THE BASIC LAW AND THE 1987 REVIEW.

1. HAVE DISCUSSED THE WAY AHEAD WITH WILSON AND GALSWORTHY, AND SUBSEQUENTLY THIS WEEK WITH THE AMBASSADOR AND HUM.

2. SEEN FROM HERE WE HAVE TWO MAJOR OBJECTIVES :-

A) TO PERSUADE THE CHINESE THAT IF A CONSENSUS IN FAVOUR OF THE

HINTRODUCTION OF AN ELEMENT OF DIRECT ELECTIONS EMERGES IN HONG KONG

IN THE 1987 REVIEW, HT SHOULD BE RESPECTED. RIGHTLY OR WRONGLY, DIRECT ELECTIONS HAVE NOW BECOME A SYMBOL OF THE CHINESE

GOVERNMENT'S WILLINGNESS TO ALLOW THE SAR A GENUINE MEASURE OF

AUTONOMY. IT WOULD BE VERY DAMAGING IF THEY WERE SEEN TO BE RULED

OUT BECAUSE OF A CHINESE VETO.

B) TO ENSURE THAT THE CHINESE GET THE FIRST DRAFT OF THE BASIC LAW RIGHT. EXPERIENCE SUGGESTS THAT THE CHINESE WILL BE UNWILLING TO

MAKE SIGNIFICANT CHANGES TO THE DRAFT THAT WILL BE PUBLISHED IN

1988. IF THIS IS NADEQUATE, THERE WILL BE A SEVERE LOSS OF CONFIDENCE AND MORE PEOPLE WILL LEAVE HONG KONG.

3. WE HAVE GIVEN CAREFUL CONSIDERATION TO HOW WE CAN GET OUR VIEWS

ON THESE TWO IMPORTANT AREAS OVER TO THE CHINESE. ONE OBVIOUS WAY IS

THROUGH THE MEMBERS OF THE BLDC AND EVEN THE BLCC. ON JUDICIAL, AND

LEGAL MATTERS AND RIGHTS AND FREEDOMS THINK WE CAN DEPEND ON THE

HONG KONG LEGAL CONTINGENT IN THE TWO COMMITTEES TO PUT OVER THE MOST

IMPORTANT POINTS REASONABLY EFFECTIVELY. ON MOST OTHER SUBJECTS

COVERED IN THE JOINT DECLARATION THE CHINESE ARE PROBABLY UNLIKELY

TO GO TOO FAR WRONG. IF THEY DO STRAY FROM THE TERMS OF THE JOINT

DECLARATION, HMG HAS GROUNDS FOR MAKING A FORMAL OBJECTION.

4. THE MAN AREA OF DIFFICULTY WILL BE THE CONSTITUTIONAL STRUCTURE,

BOTH BECAUSE IT IS NOT SPELT OUT IN ANY DETAIL IN THE JOINT

DECLARATION AND BECAUSE OF THE GREAT SENSITIVITY THAT THE SUBJECT

HAS NOW ASSUMED. ALTHOUGH THERE WILL BE A GREAT DEAL OF DISCUSSION

ON THE SUBJECT DO NOT BELIEVE THAT IN THIS CASE THE TWO COMMITTEES

WILL BE AN EFFECTIVE MEANS OF INFLUENCING THE CHINESE IN THE WAY WE

WISH THE CHINESE TO GO. ALMOST NONE OF THE HONG KONG MEMBERS HAS A

SUFFICIENT KNOWLEDGE AND UNDERSTANDING OF THE ISSUES INVOLVED, AND

EVEN IF THEY DID IT IS UNLIKELY THAT THEY WOULD BE ABLE TO MAKE

THEIR VOICES EFFECTIVELY HEARD IN THE DELIBERATIONS OF THESE

UNWIELDY BODIES.

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