TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 245

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- 7 APE 1986

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PART ONE OF TWO

AB74 LBASIC

MY FIFTH IPT. REPRESENTATIVE GOVERNMENT, THE BASTC"LAW AND THE

1987 REVIEW.

1. FOLLOWING IS THE REVISED TEXT OF THE PAPER ON THE BASIC LAW:

BEGINS.

IMPLEMENTATION OF THE JOINT DECLARATION.

A. GENERAL CONSIDERATIONS.

1. PARAGRAPH 3(12) OF THE SINO-BRITISH JOINT DECLARATION (JD)

STATES: THE BASIC POLICIES OF THE PEOPLE'S PEPUBLIC OF CHINA

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

JOINT DECLARATION WILL BE STIPULATED, IN A BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA, BY THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA, AND THEY WILL REMAIN UNCHANGED FOR 50 YEARS.

2. THIS WILL BE ENACTED UNDED ARTICLE 31 OF THE CHINESE CONSTITUTION

WHICH READS: THE STATE MAY ESTABLISH SPECIAL ADMINISTRATIVE

REGIONS WHEN NECESSARY. THE SYSTEMS TO BE INSTITUTED IN SPECIAL ADMINISTRATIVE REGIONS SHALL BE PRESCRIBED BY LAW ENACTED BY THE

NATIONAL PEOPLE'S CONGRESS IN THE LIGHT OF THE SPECIFIC CONDITIONS.' THERE HAS BEEN DISCUSSION IN HONG KONG ON HOW MUCH DETAIL, IN ADDITION TO WHAT IS ALREADY STIPULATED IN THE JOINT DECLARATION,

SHOULD APPEAR IN THE BASIC LAW. THE ARGUMENT PANGES FROM THE

MINIMUM NECESSARY (SO AS TO ALLOW THE SAR MAXIMUM FLEXIBILITY) TO

THE MAXIMUM POSSIBLE (SO AS TO PROVIDE ABSOLUTE CERTAINTY IN EVERT

SPHERE OF THE SAR'S ACTIVITIES).

3. ON VARIOUS OCCASION, CHINESE OFFICIALS HAVE SAID THAT THE BASIC

LAW WOULD REFLECT AND PUT INTO LEGAL FORM THE POLICIES STATED IN THE

JOINT DECLARATION, AND WOULD LAY DOWN BASIC PRINCIPLES AND GENERAL

PROVISIONS, BUT SHOULD NOT BE TOO DETAILED OR SPECIFIC IN ORDER

NOT TO PRECLUDE DESIRABLE CHANGES.

4. TO GIVE EFFECT TO ARTICLE 3(12) OF THE JOINT DECLARATION AN

ESSENTIAL REQUIREMENT WILL BE FOR ALL THAT IS IN PARAGRAPH

3(1)-(11) OF AND ANNEX TO THE JOINT DECLARATION TO BE

INCORPORATED COMPLETELY AND FAITHFULLY IN THE BASIC LAW. IN SOME

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

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