TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 156

GRS 2000

SECRET

FM HONG KONG

TO DESKBY 21100OZ FCO

TELNO 852

OF 21013OZ MARCH 86

INFO IMMEDIATE PEKING

#

PART ONE OF TWO

Secret

No read.

ky

MY FOURTH PT : REPRESENTATIVE GOVERNMENT, THE BASIC LAW AND THE

1987 REVIEW.

A. SCOPE AND CONTENT OF THE BASIC LAW

1. PARAGRAPH 3(12) OF THE SINO-BR∙HTI-SH JOHNT DECLARATION (JD)

STATES THAT THE BASIC POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA

REGARDING HONG KONG AND THE ELABORATION OF THEM IN ANNEX | TO THE

JOINT DECLARATION WILL BE STIPULATED IN A BASIC LAW BY THE NATIONAL

PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA, AND THEY WILL

REMAIN UNCHANGED FOR 50 YEARS.

ร

2. THIS WILL BE ENACTED UNDER ARTICLE 31 OF THE CHINESE

CONSTITUTION WHICH READS: THE STATE MAY ESTABLISH SPECIAL

ADMINISTRATIVE REGIONS WHEN NECESSARY. THE SYSTEMS TO BE

HNSTITUTED IN SPECIAL ADMINISTRATIVE REGIONS SHALL BE PRESCRIBED

BY LAW ENACTED BY THE NATIONAL PEOPLE'S CONGRESS IN THE LIGHT OF

THE SPECIFIC CONDITIONS.' A MAJOR POINT FOR CONSIDERATION IS HOW

MUCH DETAIL, IN ADDITION TO WHAT IS ALREADY STIPULATED IN THE JOINT DECLARATION, SHOULD APPEAR IN THE BASHC LAW. THE ARGUMENT RANGES

FROM THE MINIMUM NECESSARY (SO AS TO ALLOW THE SAR MAXIMUM

FLEXIBIRUNTY) TO THE MAXIMUM POSSIBLE (SO AS TO PROVIDE ABSOLUTE

CERTAINTY IN EVERY SPHERE OF THE SAR'S ACTIVITIES).

3. THE POSITION WHICH ITS BELIEVED THE CHINESE ARE LIKELY TO

ADOPT S THAT THE BASIC LAW WELL REFLECT AND PUT INTO LEGAL FORM

THE POLICIES STATED IN THE JOINT DECLARATION, AND WILL LAY DOWN BASHIC PRINCIPLES AND GENERAL PROVISIONS, BUT SHOULD NOT BE TOO

DETAILED OR SPECIFIC IN ORDER NOT TO PRECLUDE DESIRABLE CHANGES.

4. FROM HONG KONG'S POINT OF WIEW, THE ESSENTIAL REQUIREMENT S THAT THE BASIC LAW SHOULD INCORPORATE COMPLETELY AND FAITHFULLY

ALL THAT IS AN ANNEX # TO THE JOINT DECLARATION. IN SOME AREAS

(E.G. THE FUTURE STRUCTURE OF GOVERNMENT) IT IS POSSIBLE THAT THE

CHINESE WILL WISH TO HINTRODUCE INTO THE BASIC LAW NEW PROVISIONS

WHICH ARE NOT CONTAINED IN THE JOINT DECLARATION. GIVEN THE LACK

OF DETAIL IN THIS AREA IN THE JOINT DECLARATION, SOME ADDITIONS ARE OBVIOUSLY NECESSARY. THEY SHOULD NOT, HOWEVER, LIMIT THE DEGREE

OF AUTONOMY PROMISED IN THE JOINT DECLARATION NOR SHOULD THEY

PNTRODUCE RESTRICTIVE INTERPRETATIONS OF SPECIFIC PROVISIONS IN FT.

Secret

15.