TNAG-1440-FCO40-1924-Constitutional-development-in-Hong-Kong-1986 — Page 258

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GRS 2000

SECRET

FM HONG KONG

TO DESKBY 04090OZ FCO

SECRET

HKR OILLI

TELNO 986

OF 04024OZ APRIL 86

INFO IMMEDIATE PEKING

INDE

PART ONE OF TWO

ED IN REGISTRY - 7 APR 1986

NCER

PA

TOP COPY

RY

Taken

AJBY

MY SECOND PT: REPRESENTATIVE GOVERNMENT. THE BASIC LAW AND THE

1987 REVIEW.

THE QUESTION OF CONVERGENCE

DURING THE MEETING OF THE JOINT LIAISON GROUP IN PEKING ON NOVEMBER

26-29, 1985 BOTH SIDES AGREED ON THE NEED TO ACHIEVE CONVERGENCE

BETWEEN ANY REFORMS TO THE STRUCTURE OF GOVERNMENT IN HONG KONG

BEFORE 1997 AND THE STRUCTURE OF THE GOVERNMENT OF THE HONG KONG SAR

AFTER 1997, AND TO CONDUCT DISCUSSIONS AND EXCHANGE VIEWS ON THIS

SUBJECT WITHOUT PRECONVEIVED IDEAS.

2. THE DEVELOPMENT OF REPRESENTATIVE GOVERNMENT IN HONG KONG HAS

BEEN BASED ON THE PRINCIPLE OF BUILDING ON THE EXISTING INSTITUTIONS

WHICH HAVE SERVED HONG KONG WELL: WHILE ALLOWING FOR FURTHER

DEVELOPMENT, IF THAT SHOULD BE THE WISH OF THE COMMUNITY. PAPER

NO. 1 DESCRIBES HOW THE PRESENT GOVERNMENTAL INSTITUTIONS IN HONG

KONG OPERATE IN PRACTICE AND THE INTER-RELATIONSHIP OF THE VARIOUS

ELEMENTS IN THE GOVERNMENT STRUCTURE. IN PAPTICULAR THE GOVERNOR,

THE EXECUTIVE COUNCIL AND THE LEGISLATIVE COUNCIL.

3. PAPER NO. 2 DESCRIBES THE PRESENT STATE OF HONG KONG OPINION

ON THE FURTHER DEVELOPMENT OF THE GOVERNMENTAL SYSTEM FOLLOWING

THE REVIEW IN 1987. ESSENTIALLY THERE IS LIKELY TO BE LITTLE CALL

FOR ANY FUNDAMENTAL CHANGE IN THE STRUCTURE: THE MAIN ATTENTION

IS LIKELY TO BE FOCUSSED ON THE QUESTION OF INTRODUCING A NUMBER

OF DIRECTLY ELECTED SEATS INTO THE LEGISLATIVE COUNCIL AND ON THAT

OF THE PRESIDENCY OF THAT COUNCIL.

THE JOINT DECLARATION

J

4. UNDER ARTICLE 3(12) OF THE JOINT DECLARATION THE POLICHES STATED

IN THE DECLARATION AND THE ELABORATION OF THEM IN ANNEX I TO THE

DECLARATION WILL BE STIPULATED IN THE PASIC LAV: THE JOINT

DECLARATION CONTAINS A NUMBER OF PROVISIONS ON THE STRUCTURE AND

OPERATION OF THE FUTURE SAP GOVERNMENT. THESE ARE:

(A) EXCEPT FOR FOREIGN AND DEFENCE AFFAIRS WHICH APE THE

RESPONSIBILITIES OF THE CENTRAL PEOPLE'S GOVERNMENT OF THE PEOPLES'

REPUBLIC OF CHINA, THE HONG KONG SPECIAL ADMINISTRATIVE REGION SHALL

BE VESTED WITH EXECUTIVE, LEGISLATIVE AND INDEPENDENT JUDICIAL

POWER INCLUDING THAT OF FINAL ADJUDICATION : «

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