TNAG-1470-FCO40-1999-Visits-by-Chinese-officials-to-Hong-Kong-1986 — Page 62

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2 5FEB 1986

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PART ONE OF TWO

HONG KONG AGREEMENT : RESTRICTED : LU PNG'S VISIT.

OUR TELNO 475 GAVE A SUMMARY OF WHAT LU PING SAID DURING HIS RECENT VISIT. THIS TELEGRAM REPORTS ON THE VIEWS PUT FORWARD TO LU AND HIS EXPERT GROUP BY A NUMBER OF PEOPLE HE MET HEPE. AS IN TELNO. 475, THE ACCOUNT IN THIS TELEGRAM IS BASED ON RECORDS OF PRIVATE MEETINGS WITH HONG KONG OFFICIALS, THIRD PAPTY REPORTS OF HIS DISCUSSIONS WITH NON-OFFICIAL GROUPS, AND PRESS REPORTS. LU'S CONVERSATIONS WITH THE GOVERNOR, CHIEF SECPETARY AND THE POLITICAL ADVISER (MY TELNO 191) HAVE BEEN REPORTED SEPARATELY AND ARE NOT REPEATED HEPE.

(A) GENERAL PRINCIPLES IN THE DRAFTING OF THE BASIC LAW.

2. THE MAJORITY VIEW PUT TO LU PING WAS THAT THE BASIC LAW SHOULD NOT BE TOO DETAILED. THIS WOULD ALLOW FOR FLEXIBILITY IN IMPLEMENTATION AND MINIMIZE THE NEED FOR AMENDMENTS IN THE FUTURE. IT SHOULD BE SELF-SUFFICIENT, WITHOUT ANY NEED TO REFER TO THE CHINESE CONSTITUTION FOR INTERPRETATION. ONE ACADEMIC SUGGESTED THAT THE BASIC LAW SHOULD BE DRAFTED IN THE FORM OF COMPANY LAW SO AS TO AVOID ANY CONTRADICTION WITH THE SOCIALIST PRINCIPLES

IN THE CHINESE CONSTITUTION, IN PARTICULAP THE FOUR INSISTENCIES** JUSTICE SIMON LI EMPHASIZED THE NEED FOR AN ENGLISH VERSION OF THE BASIC LAW WHICH SHOULD HAVE THE SAME LEGAL VALIDITY AS THE CHINESE VERSION. SOME BLCC MEMBERS STRESSED THE NEED TO DEFINE CLEARLY IMPORTANT TERMS IN THE PASIC LAW, AND THAT THE TERMS USED SHOULD BE COMPREHENSIBLE TO HONG KONG PEOPLE. DP. SOHMEN SUGGESTED THAT FOREIGN LEGAL EXPERTS SHOULD BE EMPLOYED TO WRITE A FIRST DRAFT OF THE BASIC LAW. OTHERS, HOWEVER, ARGUED AGAINST THIS, THE GROUNDS THAT FOREIGN EXPERTS WOULD NOT HAVE SUFFICIENT UNDERSTANDING OF THE LOCAL SITUATION AND OPINION.

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