TNAG-1443-FCO40-1927-Constitutional-development-in-Hong-Kong-1986 — Page 276

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IS DESCRIBED IN THE BASIC LAW. IF CONVERGENCE CANNOT BE ACHIEVED

THERE WILL BE A DISRUPTIVE BREAK IN 1997 AND POSSIBLY OPEN CONFLICT

BETWEEN THE BRITISH AND CHINESE GOVERNMENTS BEFORE 1997. EITHER

WOULD BE DAMAGING TO CONFIDENCE IN HONG KONG.

21.

THE GENERAL PROBLEM IS COMPOUNDED BY PARTICULAR

COMPLICATIONS OF TIMING OVER THE NEXT TWO YEARS. THE REVIEW TO

BE CONDUCTED BY THE HONG KONG GOVERNMENT DURING 1987 WILL ADDRESS

THE IMMEDIATE DEVELOPMENT OF REPRESENTATIVE GOVERNMENT AT THE

SAME TIME AS THE CHINESE GOVERNMENT AND THE BLDC CONSIDER THE

STRUCTURE OF GOVERNMENT FOR THE SAR IN 1997. THE FIRST DRAFT OF

THE BASIC LAW WILL BE PUBLISHED IN 1988. IT IS VERY IMPORTANT

THAT THERE SHOULD NOT BE CONFLICT BETWEEN THE OUTCOME OF THESE

TWO EXERCISES. PARTICULAR DIFFICULTY WOULD BE CAUSED IF A

DECISION TAKEN BY THE BRITISH SIDE AT THE END OF 1987 WAS

INCONSISTENT WITH PROVISIONS IN THE BASIC LAW PUBLISHED BY THE

CHINESE GOVERNMENT IN THE FOLLOWING YEAR. THIS WOULD CALL INTO

QUESTION QUOTE CONVERGENCE UNQUOTE AND A SMOOTH TRANSITION IN

1997: GREATLY DAMAGE CONFIDENCE IN HONG KONG: AND WEAKEN THE

BASIS FOR OUR NECESSARY COOPERATION WITH THE CHINESE GOVERNMENT.

THE CHINESE ATTITUDE

22.

OVER THE PAST YEAR THE CHINESE HAVE ON MANY OCCASIONS

MADE KNOWN THEIR CONCERN AT THE DIRECTION AND PACE OF

CONSTITUTIONAL DEVELOPMENT IN HONG KONG. IN NOVEMBER 1985 THEIR

REPRESENTATIVE IN HONG KONG PUBLICLY ACCUSED US OF QUOTE

DEVIATIONS FROM THE JOINT DECLARATION UNQUOTE, A STATEMENT WHICH

SERIOUSLY JOLTED CONFIDENCE. ALTHOUGH WE HAVE NOW DONE MUCH TO

RE-ESTABLISH A RELATIONSHIP OF MUTUAL TRUST OVER THESE ISSUES,

CHINESE NERVOUSNESS REMAINS.

23.

CHINESE CONCERNS APPEAR TO BE TWOFOLD. THE CHINESE ARE

ANXIOUS THAT WE SHOULD NOT DECIDE ON MAJOR CONSTITUTIONAL CHANGE

(IN PARTICULAR OVER DIRECT ELECTIONS TO THE LEGISLATIVE COUNCIL)

IN ADVANCE OF THE PUBLICATION OF THE BASIC LAW. THEY DO NOT WANT

THE IMPRESSION TO BE GIVEN THAT IMPORTANT PROVISIONS IN THE BASIC

LAW HAVE BEEN IMPOSED ON THEM BY OUR PRE-EMPTIVE ACTION THROUGH

THE REVIEW. ON SUBSTANCE THEY FEAR (AS DO MANY IN HONG KONG

ITSELF) THAT TOO RAPID AN EVOLUTION OF REPRESENTATIVE GOVERNMENT

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