TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 187

GRS 1200

SECRET

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1451

OF 131145Z APRIL 87

INFO IMMEDIATE PEKING

SECRET

Huub 011/3

14 APR 1937

DA

TOĎ COPY Q DIST?

OUR TELNOS 1022 AND 1023 AND YOUR TELNO 873: BASIC LAW: CHAPTER VI

MANY THANKS FOR THIRD TUR. WE HAVE CONSIDERED THE DRAFT CHAPTER VI IN SECOND TUR IN LIGHT OF YOUR VIEWS AND HAVE THE FOLLOWING

COMMENTS TO MAKE:

2, ARTICLE 6.1.1. AS DRAFTED, THE ARTICLE ATTEMPTS TO ENUMERATE THOSE AREAS RELATING TO EDUCATION AND CULTURE ETC. IN WHICH THE SARG WILL

HAVE THE POWER TO DECIDE ITS OWN POLICIES. WE WOULD FAR PREFER NOT (NOT) TO ENUMERATE SUCH A LIST, FOR REASONS EXPLAINED IN PARA. 12 OF OUR TELNO 1326. HOWEVER, WE SEE LITTLE PROSPECT OF AVOIDING IT, IN WHICH CASE WE WOULD WISH TO ENSURE, FIRST, THAT THE LIST IS REASONABLY COMPREHENSIVE, AND SECONDLY, THAT THERE ARE ADEQUATE SAFEGUARDS IN CASE OF OMISSION. ADAPTING THE LANGUAGE OF JD 44, WE SUGGEST A REVISION OF THIS ACTICLE TO READ: ''EXCEPT FOR FOREIGN AND DEFENCE AFFAIRS WHICH ARE THE RESPONSIBILITIES OF THE CPG, POLICIES OF THE HKSAR IN ALL FIELDS, INCLUDING EDUCATION, SCIENCE TECHNOLOGY, CULTURE, SPORTS, PROFESSIONAL QUALIFICATIONS, SOCIAL SERVICES,

SOCIAL WELFARE, MEDICAL AND HEALTH SERVICES AND LABOUR, SHALL BE

DECIDED BY THE HKSARG ON ITS OWN.''. WE HAVE INSERTED LABOUR''

AFTER MEDICAL AND HEALTH SERVICES''. TO REFLECT THE CONTENTS OF THIS CAPTER MORE CLOSELY.

3. ARTICLE 6.2.2. WE SUGGEST INSERTING

AND TECHNOLOGICAL' AFTER

'' THE RECOGNITION OF EDUCATIONAL' TO KEEP TO THE LANGUAGE OF JD

129.

INSTITUTIONS

IN THIS

4. ARTICLE 6.2.3. THE CHINESE TERM FOR

CONTEXT SHOULD MORE ACCURATELY BE TRANSLATED AS 'EDUCATIONAL

182

INSTITUTIONS''.

5. ARTICLE 6.2.4. WE SUGGEST THAT THIS ARTICLE SHOULD BE RECAST

AS FOLLOWS TO FULLY REFLECT JD 132: STUDENTS SHALL ENJOY FREEDOM

OF CHOICE OF EDUCATION AND FREEDOM TO PURSUE THEIR EDUCATION OUTSIDE

THE HKSAR''.

6. ARTICLE 6.2.5. A MORE ACCURATE TRANSLATION OF THIS ARTICLE

IS AS FOLLOWS: RELIGIOUS ORGANISATIONS, COMMUNITY ORGANISATIONS

AND INDIVIDUALS MAY CONTINUE TO RUN EDUCATIONAL SERVICES IN THE

HKSAR.''. THE CHINESE TEXT IS UNAFE

SECRET

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