TNAG-1599-FCO40-2192-Hong-Kong-1987-Review-of-Representative-Government-1987 — Page 39

SECRET

FM HONG KONG

TO IMMEDIATE FCO

TELNO 4845

OF 181135Z

DECEMBER 87

INFO IMMEDIATE PEKING

7980/20

065365

MDHIAN 1035

SECRET

B-011/

MURB

RECEIVED IN REGISTRY

2 1 DEC 1987

DESK OFFICER

EX

PA

REGISTRY

TOP COPY Q DIST ?

OUR TELNO 4406 AND YOUR TELNO 3279 : BASIC LAW: JURISDICTION

OVER PLA GARRISON IN THE HONG KONG SAR

MANY THANKS FOR 2ND TUR.

2. ON POINTS RAISED IN PARA 1 OF 2ND TUR, OUR COMMENTS ARE AS

FOLLOWS:

(A) PARA 4(I) (1) OF FIRST TUR:

NATION-WIDE LAWS APPLICABLE IN THE SAR SHOULD, BY VIRTUE OF ARTICLE 17 OF THE (DRAFT) BL, BECOME A LAW OF THE SAR. THEY SHOULD THUS

BE COVERED BY THE PROVISIONS OF PARA 4(I) (3) (A) OF FIRST TUR. WE

AGREE WITH THE EXPRESSION ''THEIR CIVILIAN COMPONENT IF ANY''

(B) PARA 4(1)(3)(A) (2) OF FIRST TUR:

·

WE AGREE TO DELETE THIS AND LEAVE IT TO BE DEALT WITH UNDER PARA

4(I) (1) OF FIRST TUR.

(C) PARA 4(II) (5) OF FIRST TUR:

WE ACCEPT THAT THIS IS AN UNUSUAL ARRANGEMENT. IT IS INDEED OUR THINKING THAT, GIVEN THE UNLIKELIHOOD OF A PLA SOLDIER HAVING SUFFICIENT MONEY TO PAY FOR DAMAGES, THE PLAINTIFF WILL FIND GREAT DIFFICULTY IN SUCCESSFULLY OBTAINING THE DAMAGES AWARDED TO HIM BY

THE COURT. IT WOULD, THUS, BE MUCH BETTER IF THE AWARD FOR DAMAGES CAN BE OBTAINED FROM THE SARG IN THE FIRST INSTANCE, AND FOR THE

LATTER TO SEEK REIMBURSEMENT FROM THE PLA (NOT THE INDIVXIDUAL

PLA SOLDIER). IT WOULD, OF COURSE BE FOR THE PLA TO DECIDE HOW IT WISHED TO DEAL WITH THE CULPRIT (E.G. BY SERVICE PUNISHMENT, OR BY DOCKING HIS PAY).

(D) PARA 4 (II) (7) OF FIRST TUR.

·

WE RECOGNISE THAT THE CHINESE MIGHT WELL FIND THIS DIFFICULT TO

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