TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 133

GRs 600 SECRET

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1299

OF 0109OOZ MAY 86

(INFO IMMEDIATE PEKING

Secret

MIPT : SECRETARY OF STATE'S MEETING WITH WU XUEQIAN : REVISION

OF THE THREE PAPERS TO BE HANDED TO WU.

1. WE HAVE REVIEWED THE THREE PAPERS IN THE LIGHT OF THE DELIBERAT-

HONS AND OUTCOME OF THE SECOND MEETING OF THE BLDC N PEKING.

IDENTIFIED A NUMBER OF POINTS IN THE DRAFT STRUCTURE (DS) OF THE BASIC LAW WHICH ARE NOT FULLY COVERED IN OUR SET OF THREE PAPERS

BUT WHICH ARE RELEVANT TO CONVERGENCE. ON BALANCE WE DO NOT THINK

ANY OF THEM IS SUITABLE FOR DETAILED DISCUSSION IN THESE PAPERS. WE ARE CONSCIOUS THAT WE SHOULD NOT OVERLOAD THE ALREADY

SUBSTANTIIVE DOCUMENTATION AND THUS DETRACT FROM THE PRIME OBJECTIVE

OF ENGAGING THE CHINESE MN A DHALOGUE ON THE KEY HSSUES WHERE REAL

PROBLEMS OF CONVERGENCE ARE LIKELY TO ARISE.

2. THE AREAS IDENTIFIED INCLUDE THE FOLLOWING

(A) CHAPTER HIV, SECTION 3.5 OF THE DS REFERS TO THE RIGHTS AND

DUTIES OF MEMBERS OF THE LEGISLATURE A HIGHLY CONTROVERSIAL

-

TOPIC RELEVANT TO THE POWERS AND PRIVILEGES ORDINANCE.

(B) CHAPTER IV, SECTION 4 OF THE DS TREATS THE JUDICIARY AS PART

OF THE SAR POLITICAL STRUCTURE. THE QUESTION OF THE COURT OF FINAL

ADJUDICATION ETC. MS REFERRED TO IN THE FOURTH PAPER ON THE

IMPLEMENTATION OF THE BASIC LAW. WE ARE IN TOUCH WITH THE CHIEF

JUSTICE ON THMS (OUR TELNOS 1281 AND 1282 REFER.

(C) CHAPTER V, SECTION 5 OF THE DS REFERS TO THE FUNCTIONS AND

FORMATION OF DISTRICT AND REGIONAL AUTHORITIES WHICH ARE MARGINALLY

TOUCHED UPON IN PARA 5 OF PAPER NO. 2.

(D) CHAPTER IV, SECTION 6 OF THE DS REFERS TO THE PUBLIC SERVICE.

(E) CHAPTER X, SECTION 1 OF THE DS REFERS TO THE FORMATION OF THE

FIRST GOVERNMENT OF THE SAR. WE SHALL TELEGRAPH SEPARATELY ON THIS.

3. TO INDICATE THAT THESE AREAS HAVE NOT BEEN OVERLOOKED WE PROPOSE

TO ADD A PARA 31 TO THE END OF THE PAPER ON CONVERGENCE AS FOLLOWS:

**CONCLUSION

31. THE PARAGRAPHS ABOVE SET OUT THE MAIN AREAS WHERE CONVERGENCE

WILL NEED TO BE ACHIEVED. THERE ARE OF COURSE OTHER ISSUES WHICH

WILL ALSO NEED TO BE ADDRESSED IF A SMOOTH TRANSITION IS TO BE

ACHIEVED. FOR EXAMPLE CERTAIN ASPECTS OF THE JUDICIARY AND PUBLIC SERVICE ARE NOT FULLY COVERED IN THE JOINT DECLARATION.''

Secret

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