TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 216

GRS 400

SECRET

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1032

OF 081020Z APRIL 86

INFO IMMEDIATE PEKING

Secret

HRR OUT!

RECEIVED IN REGISTRY 9 APR 1986

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YOUR TELNO 621 : REPRESENTATIVE GOVERNMENT, THE BASIC LAW AND THE 1987 REVIEW.

EXECUTIVE COUNCIL THIS MORNING APPROVED THE THREE PAPERS ON THE QUESTION OF CONVERGENCE (MY TELNO 986): ON THE GOVERNMENT OF HONG KONG AND ITS RELATIONSHIP WITH HMG (MY TEL 987): AND ON HONG KONG OPINION ON THE 1987 REVIEW ON THE DEVELOPMENT OF REPRESENTATIVE GOVERNMENT (MY TEL 988), SUBJECT TO THE AMENDMENTS IN PARA. 3

BELOW.

2.

THE EXECUTIVE COUNCIL ''NOTED' THE FOURTH PAPER ENTITLED ***IMPLEMENTATION OF THE JOINT DECLARATION'' (MY TEL 989). THE VIEW OF MEMBERS WAS THAT THE PAPER SN A FORM IN WHICH IT CAN BE USED FOR BRIEFING TRUSTWORTHY MEMBERS OF THE BASIC LAW DRAFTING COMMITTEE OR BASIC LAW CONSULTATIVE COMMITTEE, UNDER THE SECURITY CONDITIONS AGREED. THE POINT ABOUT MEMBERS ONLY ''NOTING'' THIS PAPER WAS THAT FITS EXISTENCE BECOMES KNOW, IT SHOULD NOT BEAP THE HALL-MARK OF AN APPROVED EXCO PEPER.

3. AMENDMENTS PROPOSED TO THE FIRST THREE PAPERS ARE AS FOLLOWS:

(A) TELNO 986, PARA. 5(B): SUBJECT TO COMMENT FROM PEKING, THE TWO SENTENCES IN SQUARE BRACKETS SHOULD BE OMITTED:

(B) TELNO 988, PARA. 1(1): SENTENCE IN BRACKETS AT END OF PARA. 20 TO BE REPLACED AS FOLLOWS (IN ALL OPTIONS FOR 1988, FOUR FUNCTIONAL CONSTITUENCY MEMBERS AND FOUR OFFICIAL MEMBERS ARE ADDED BY WAY OF ILLUSTRATION)''

4. ON THE FOURTH PAPER THE LEGAL ADVISER'S POINT IN PARA. 1(C) OF YOUR TUR IS TAKEN. WE PROPOSE TO SUBSTITUTE THE FOLLOWING FOR THE LAST TWO SENTENCES: THIS ENVISAGES A SYSTEM UNDER WHICH THE COURTS CONTINUE TO ENJOY THE AUTHORITY TO INTERPRET LAWS (INCLUDING THE BASIC LAW) IN JUDICIAL DECISIONS. HOWEVER, SHOULD THE COURTS INTERPRET THE BASIC LAW IN A MANNER DIFFERENT FROM THAT INTENDED BY THE LEGISLATURE (WHICH IN THE CASE OF THE BASIC LAW MEANS THE NPC)., THE NPC WOULD RESERVE THE POWER TO MAKE A FORMAL DECLARATION, BINDING UPON THE COURTS OF THE SAR, WHICH WOULD SET OUT THE NPC'S INTERPRETATION OF THE PROVISION IN QUESTION. ALTERNATIVELY THE

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