TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 161

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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ARRANGED AND WHAT SHOULD BE INCLUDED IN THEM. RECENT HINDICATIONS

FROM CHINESE SOURCES POINT TO THE FOLLOWING POSSIBLE STRUCTURE:

GENERAL PRINCIPLES: THE LEGAL BASIS OF THE BASIC LAW, ITS

RELATIONSHIP WITH THE STATE'S CONSTITUTION AND THE CENTRAL

GOVERNMENT'S AIMS AND POLICIES REGARDING THE ONE COUNTRY, TWO

SYSTEMS' CONCEPT.

- RELATIONSHIP BETWEEN THE CENTRAL GOVERNMENT AND THE HONG KONG

SPECIAL ADMINISTRATIVE REGION : DEFINITION OF THE CENTRAL

GOVERNMENT'S JURISDICTION OVER HONG HONG AND THE JURISDICTION

OF THE SAR GOVERNMENT WITHIN HONG KONG.

FINAL PART OF TWO

HONG KONG PEOPLE'S RIGHTS AND OBLIGATIONS: STATEMENT OF THE OBLIGATIONS (E.G. TO UPHOLD THE UNIFICATION OF CHINA AND TO SAFEGUARD HONG KONG'S STABILITY AND PROSPERITY) AND THE RIGHTS AND FREEDOMS OF HONG KONG PEOPLE.

SPECIFIC PROVISIONS FOR HONG KONG'S POLITICAL SYSTEM AND GOVERNMENT STRUCTURE, THE SELECTION AND APPOINTMENT OF THE CHIEF EXECUTIVE ETC.

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ELABORATIONS ON THE SOC-HAL, CULTURAL AND OTHER SYSTEMS TO BE PRACTISED ON THE HONG KONG SAR.

THIS STRUCTURE CLEARLY RESEMBLES THAT OF THE PRC CONSTITUTION AND

THE LAW OF REGIONAL AUTONOMY FOR MINORITY NATIONALITIES OF THE PRC. THERE SHOULD BE NO DIFFICULTY FITTING INTO IT THE PROVISIONS OF THE

JOINT DECLARATION AND THE #DEAS PUT FORWARD IN PARAGRAPHS 1 TO 16 ABOVE *N RELATION TO THE KEY HSSUES. PRESENTATIONALLY, HOWEVER, HT WOULD BE DESIRABLE IF THE STRUCTURE IS NOT FOLLOWED SO CLOSELY AS TO GIVE THE IMPRESSION THAT THE HONG KONG SAR HS NO DIFFERENT FROM CHINA'S AUTONOMOUS REGIONS.

19. IT WILL BE IMPORTANT FOR THE BASIC LAW TO BE COUCHED IN LANGUAGE WHICH IS FAMILPAR, UNDERSTANDABLE IN HONG KONG AND INTERPRETABLE IN TERMS OF HONG KONG'S ECONOMIC, SOCIAL AND LEGAL SYSTEMS. THIS PORNT HAS BEEN STRONGLY PUT TO MR. LU PHING BY LAWYERS IN HONG KONG. IN THIS CONNECTION THE BASHC LAW SHOULD BE PRODUCED IN BOTH CHINESE AND ENGLISH, WITH EQUAL AUTHORITY HN EACH LANGUAGE, ON THE GROUNDS THAT ENGLISH MAY ALSO BE USED IN ORGANS OF GOVERNMENT AND IN THE COURTS OF THE SAR (ANNEX *N, SECTION # TO TO JOINT DECLARATION). MR. LU PHING HAS INDICATED THAT AN ENGLISH AS WELL AS A CHINESE TEXT OF THE BASIC LAW WOULD BE PUBLISHED.

ANNEX

BASIC LAW : POINTS NOT SPECIFICALLY COVERED IN THE JOINT DECLARATION

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