TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 35

WU JIANFAN'S SPEECH

4. WU'S SPEECH DEALT SOLELY WITH THE QUESTION OF APPLICATION OF

CHINESE STATUTES IN THE SAR. THE MAIN POINTS ARE :

(A) IN ILLUSTRATING HIS POINT THAT NOT ALL CHINESE STATUES RELATING

TO DEFENCE AND FOREIGN AFFAIRS WOULD APPLY IN THE SAR, HE MADE CLEAR

THAT THE LAW ON CONSCRIPTION WOULD NOT (NOT) BE APPLIED IN THE HK

SAR, EVEN THOUGH IT WAS A LAW RELATING TO DEFENCE, BECAUSE

CONSCRIPTION WOULD NOT (NOT) BE PRACTISED IN THE SAR. THIS IS MOST

ENCOURAGING, INSOFAR AS ALLAYING THE FEAR OF POSSIBLE FUTURE

CONSCRIPTION OF SAR RESIDENTS IS CONCERNED,

(B) LESS HELPFULLY, HOWEVER, WU ARGUED THAT JD 57, READ IN THE CONTEXT OF THE WHOLE OF PARA. 3 AND ANNEX I TO THE JD, DID NOT (NOT) RULE OUT THE APPLICATION OF CHINESE STATUTES, IN RELATION TO

FOREIGN AFFAIRS AND DEFENCE, IN THE HK SAR. HE DID SAY, HOWEVER, THAT IN APPLYING ANX CHINESE STATUTES IN THE HK SAR, THE STATE

COUNCIL SHOULD GIVE DIRECTIVES TO THE CHIEF EXECUTIVE REQUIRING

HIM TO IMPLEMENT THEM. IF THE SAR CHIEF EXECUTIVE OBJECTED, THE MATTER COULD BE REFERRED BY THE NPC STANDING COMMITTEE FOR STUDY BY

A BASIC LAW COMMITTEE COMPOSED OF MAINLAND AND HONG KONG LEGAL

EXPERTS.

5. WE WILL TRANSLATE THESE TWO SPEECHES IN FULL AND SEND THEM TO

YOU AND PEKING AS SOON AS POSSIBLE.

WILSON

YYYY

HMLNAN 1860

HONG KONG AGREEMENT: RESTRICTED

COPIES TO:

LIMITED

HD/HKD

HD/FED

RESEARCH D. (FE)

DEP.HD/PUSD

PS/MR RENTON

MR MCLAREN

MR GILLMORE

Secret

MR FIFOOT, LEGAL ADVISERS