TNAG-1470-FCO40-1999-Visits-by-Chinese-officials-to-Hong-Kong-1986 — Page 79

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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CONFIDENTIAL

(D) IF SOME PARTS OF THE CONTENT OF THE JOINT DECLARATION WERE NOT CLEAR, THEY COULD BE DISCUSSED AND EXPLAINED BY THE SINO-BRITISH JOINT LIAISON GROUP. HOWEVER, QUESTIONS SUCH AS HOW THE EXECUTIVE SHOULD BE RESPONSIBLE TO THE LEGISLATURE AND HOW THE LEGISLATURE SHOULD BE ELECTED, WHICH WERE NOT DEALT WITH IN DETAIL IN THE JOINT DECLARATION, WOULD BE DECIDED IN THE CONTEXT OF THE DRAFTING OF THE BASIC LAW. THERE WAS SUFFICIENT TALENT, BOTH IN HONG KONG AND IN THE MAINLAND, TO DRAFT THE BASIC LAW, BUT THERE WAS NO OBJECTION TO LISTENING TO THE VIEWS OF FOREIGN EXPERTS IN THE DRAFTING PROCESS.

'' LEGISLATION,

(E) THE BASIC LAW WOULD BE A SELFSUFFICENT SO THAT HONG KONG COURTS COULD MAKE FINAL-ADJUDICATION DECISIONS ON THE BASIS OF THE BASIC LAW WITHOUT ANY NEED TO REFER TO THE CHINESE CONSTITUTION. THIS WOULD NOT BE CONTRARY TO CHINESE SOVEREIGNTY OVER HONG KONG AS THE BASIC LAW WOULD BE MADE UNDER ARTICLE 30 (SIC) OF

THE CHINESE CONSTITUTION.

(F) THE FUTURE BASIC LAW WOULD STATE THAT HONG KONG PEOPLE WOULD HAVE THE RIGHT OF FREE TRADE, FREEDOM OF MOVEMENT AND A FREELY- CONVERTIBLE CURRENCY. THE CONTINUATION OF THE STOCK MARKET, THE GOLD EXCHANGE, THE FOREIGN CURRENCY EXCHANGE MARKET AND THE FUTURES EXCHANGE WOULD ALSO BE STATED IN THE BASIC LAW. AS REGARDS THE PROTECTION OF FOREIGN INVESTMENTS, THE BASIC LAW WOULD ALSO STATE THAT SUCH INVESTMENTS COULD COME INTO AND LEAVE HONG KONG FREELY AND WOULD BE PROTECTED BY LAW.

(G) FREEDOM OF RELIGION WOULD BE INCLUDED IN THE BASIC LAW. THE CATHOLIC CHURCH IN HONG KONG WOULD CONTINUE TO BE ABLE TO MAINTAIN 4TS PRESENT LINKAGE WITH THE VATICAN.

(H) THE FUTURE SAR WOULD HAVE WIDE PRESS FREEDOM. SINCE THE CAPITALIST SYSTEM WOULD BE MAINTAINED IN THE SAR, THE PRESS WOULD NOT BE REQUIRED TO SUPPORT SOCIALISM. THE FOUR INSISTENCIES' (SQUARE BRACKETS BEGIN) OF THE CHINESE CONSTITUTION (SQUARE · BRACKETS END) WOULD NOT APPLY TO HONG KONG. THE PRESS WOULD BE ABLE TO CRITICIZE BOTH THE CENTRAL GOVERNMENT AND THE SAR GOVERNMENT. THE PRESENT LAW ON PRESS REPORTING IN HONG KONG WOULD, IN THE SAME WAY AS OTHER LAWS, REMAIN BASICALLY UNCHANGED, EXCEPT FOR THOSE WHICH WOULD BE IN CONFLICT WITH THE BASIC LAW AS A RESULT OF THE

CHANGE OF SOVEREIGNTY.

(1) ACCORDING TO CHINESE NATIONALITY LAW, AMY PERSON WHOSE FATHER OR MOTHER WAS A CHINESE NATIONAL AND WHO WAS BORN IN CHINESE TERRITORY (INCLUDING HONG KONG) WOULD BE A CHINESE NATIONAL. CHINESE NATIONAL OF HONG KONG ORIGIN WOULD BE ABLE TO HOLD A BN(0) PASSPORT

FOREIGN AS WELL AS A SAR PASSPORT. THOSE WHO, HOWEVER, HELD OTHER PASSPORTS WOULD NOT BE ISSUED A SAR PASSPORT. IN FUTURE, HONG KONG PEOPLE WHO HELD CERTIFICATES OF IDENTITY, BN (0) PASSPORTS, SAR PASSPORTS AND FOREIGN PASSPORTS WOULD BE ABLE TO ENTER AND LEAVE HONG KONG FREELY. THE CHINESE GOVERNMENT WOULD, BEFORE 1997, DISCUSS THROUGH DIPLOMATIC CHANNELS WITH FOREIGN COUNTRIES VISA ABOLITION

ARRANGEMENTS FOR HONG KONG PEOPLE:CONFIDENTIAL

((J)

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