TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 117

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Confidential

GRS 600

CONFIDENT HAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3004

OF 161010Z SEPTEMBER 86

INFO PRIORITY PEKING

HKK OUL!!

22 SEP 1986

en

A78274

PERSONAL FOR WILSON, AUSS, FROM GOVERNOR

MIPT: STRUCTURE OF GOVERNMENT: PREPARATION OF PAPERS

(362)

TOW-COPY

1. DURING MY VISHT TO LONDON LAST WEEK, YOU AND MINISTERS ASKED

IF WE HAD SUFFICIENT CAPACITY IN HONG KONG FOR THE WORK THAT

NEEDS TO BE DONE IN RELATION TO THE DRAFTING OF THE BASIC LAW.

ONE AREA ON WHICH WE COULD USE SOME HELP IS ON THE CHINESE

CONSTITUTION AND SYSTEM OF LAWS.

2. YOU WILL RECALL THAT THE PRIME MINISTER EXPRESSED INTEREST IN

HOW FAR WE CAN MAINTAIN THAT THE JOINT DECLARATION COVERS ALL THE

CONSTITUTIONAL AND LEGAL AREAS THAT NEED TO BE APPLIED TO THE SAR, AND WHETHER WE MIGHT HAVE TO ACCEPT FOR INCLUSION SOME ELEMENTS

OF WHAT MIGHT BE TERMED THE FUNDAMENTAL LAWS OF STATE OF THE PRC.

OUR INITIAL VIEW, IS THAT WE SHOULD TAKE THE LINE THAT IN PRINCIPLE NO MAINLAND LAWS SHOULD APPLY TO THE SAR. WE RECOGNISE, HOWEVER, THAT THE NATIONALITY LAW AT LEAST WOULD NEED TO, PRESUM- ABLY BY INCORPORATION IN THE BASIC LAW. WE ARE LESS SURE ABOUT

THE LAW OF TREASON, AND ARE CERTAIN THAT LAWS RELATING TO STATE SECURITY SHOULD BE STRENUOUSLY OPPOSED BECAUSE THE APPLICATION

OF SUCH LAWS TO HONG KONG WOULD BE GRAVELY DISTURBING TO THE

POPULATION HERE.

3. OUR MAIN PROBLEMS THAT WE DO NOT KNOW WHAT ELEMENTS OF THEIR LAWS (OR THEIR CONSTITUTION) THE CHINESE MIGHT CONSIDER TO BE CENTRAL TO SOVEREIGNTY AND, IN THE CASE OF THE LAWS, WHAT THEY

ARE AND WHERE THESE ARE TO BE FOUND. IT WOULD THEREFORE BE

EXTREMELY HELPFUL IF RESEARCH DEPARTMENT AND PEKING COULD ADVISE US ON THESE ASPECTS.

4. AS A POINT OF REFERENCE OUR OWN LEGAL EXPERTS ARE CONSIDERING, IN OUR OWN CONSTITUTIONAL TERMS, WHAT AREAS OF LAW OTHER THAN THOSE MENTIONED ABOVE MIGHT BE TERMED FUNDAMENTAL TO THE STATE: AND WHICH THE CHINESE MIGHT IN CONSEQUENCE ARGUE PROVIDE A JUSTIFICATION FOR APPLYING SIMILAR CHINESE LAW TO THE SAR. ANY THOUGHTS FCO LEGAL ADVISERS MIGHT HAVE ON THIS WOULD ALSO BE WELCOME.

CONFIDENTIAL

is