TNAG-1589-FCO40-21741-Future-of-the-judiciary-in-Hong-Kong.-Part-1-of-2-1987 — Page 84

GRS 298

CONFIDENTIAL

FM PEKING

TO IMMEDIATE FCO

TELNO 908

192323Z MAY 87

A 373 3 3

Confidential TOP COPY

Q DIST ?

INFO IMMEDIATE HONG KONG

HONG KONG TELNO 1894-5 AND YOUR TELNO 1359 TO HONG KONG: THE JUDICIARY

WE HAVE THE FOLLOWING COMMENTS ON THE PAPER IN SECOND TUR.

See 21

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See(19

See 16

THE

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A) PARA 11: YOUR TELNO 1280 TO HONG KONG WARNED OF THE DANGERS OF PRESENTING THESE PLANS IN TERMS OF A DEVELOPMENT WITH IMPLICATIONS OF SIGNIFICANT CONSTITUTIONAL CHANGE. WE NOTE THAT PARA 11 POINTS TO THE NEED FOR SEPARATION OF THE JUDICIARY FROM THE EXECUTIVE. READ IN THE CONTEXT OF THE DRAFT PAPER, WE THINK THAT EVEN THIS MORE CIRCUMSPECT REFERENCE TO THE CONSTITIONAL IMPLICATIONS OF THIS EXERCISE MIGHT PROVOKE AN UNHELFPUL REACTION FROM THE CHINESE. REST OF THE PAPER RIGHTLY EMPHASIZES THE PRACTICAL NEED FOR LOCALISATION AS THE BASIS FOR THESE PROPOSALS. SINCE THE FIRST ARGUMENT IN FIRST PART OF PARA 11 IS ALPEADY REHEARESED ELSEWHERE IN THE PAPER, AND SINCE THE SECOND PART MIGHT BE UNHELPFUL TO OUR CASE, WE SUGGEST THE WHOLE PARA SHOULD BE DELETED. THE PAPER PEADS JUST AS WELL WITHOUT IT. WE WOULD THUS MINIMIZE THE RISK OF THE CHINESE SEEING A SINISTER BRITISH CONSTITUTIONAL PLOT IN THESE PROPOSALS. WHICH COULD DIVERT THEIR ATTENTION AWAY FROM THE PRACTICAL BENEFITS WHICH THE PAPER SEEKS TO DESCRIBE.

B) PARA 17: ''PROVIDES'' SHOULD READ PROVIDE!! IN FIRST SENTENCE OF THIS PARA.

C) PARAS 18 AND 19: THE PAPER AS A WHOLE CONTAINS SOME VERY LONG AND COMPLEX SENTENCES WHICH MIGHT CAUSE DIFFICULTIES FOR TRANSLATION INTO CLEAR CHINESE, EG THE LAST TWO SENTENCES OF PARA 18 AND THE SENTENCE WHICH MAKES UP PARA 19. HERE AND ESLEWHERE IT MIGHT BE WORTH CONSTRUTING SHORTER AND SIMPLER SENTENCES, DEPLOYING MORE COMMAS AND BRACKETS AS NECESSARY.

D) PARA 21: WE SUGGEST SECOND SENTENCE SHOULD READ CLOSE IN SIZE TO A FULL PENSION,

EVANS

PEMPAN 0625

,"

HONG KONG AGREEMENT: RESTRICTED

LIMITED

COPIES TO:

OR EVEN ONE

•

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HD/HKD

HD/FED

MR FIFOOT, LEGAL ADVISERS

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCLAREN MR GILLMORE

Confidential