TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 7

Tel cans of 24/4

M. Laghen or

SECRET

No time to turn this into a

mak a kin ferhat

• get in cute that

W

сиво

shot he was puttin

212

In syrupathi pot - paull- akcyth action & infile Sewer - Rodith gen

rife to 517-

Samla

retent y Oh t

but mor

A

FROM: Paul Fifoot space with Chl.

DATE: 14 April 1987

Mr

(HKD)

Smith telegram ?

telegram, I fear. I

with

agree

Mr. Finfoots' comments. My only

additional

proviarin

އ

on

11.9

раса

very

much doubt

if

we could get

the Bain Low which referred to the Joint Declaration. I think

HONG KONG TELNO 1460: BASIC LAW

1.

noe shd. tell HK we think this

I have the following comments:

Paras 2, 3, 12, 14: No comment

m.

hoper.

"

އ

Tom Imth 144

I think

Para 4: I agree with the first two sentences. they are pushing their luck to try the third sentence.

Para 5: The first point suffers from a corrupt text. I am content with the second point, which I suspect forms paragraph 6.

Para 7: I did not expect Hong Kong to agree with our comments. They will only come to terms with this when it is unavoidable. I suggest we say that we have warned them on how we see the position, but we will not, at this stage, dissent from their tactic.

Para 8: I think there is a certain amount of confused thinking here. I do not believe "in accordance with law" in Hong Kong's proposed formula can mean the law of the SAR. It is not up to the SAR to say who shall take part in the management of the state, ie the PRC. It was for this reason that we drafted our formula the way we did.

9.

Para 9: We originally put the expression "or that states' nationals outside the SAR" in parenthesis because we were not convinced it was necessary, and I would not urge Hong Kong to put the formula forward. I am not, however, impressed with the reason in para True the courts of the SAR will apply the common law insofar as it does not contravene the Basic Law. The problem with this particular formula is that it is designed to establish in the Basic Law the nature of the Hong Kong courts' jurisdiction in relation to what may be loosely described as acts of state. However, as para 9 points out, if a formula which was narrower than the common law satisfies the Chinese, no harm will be done. I see no difficulty about adding the words proposed by Mr Martin Lee.

Para 10: The point we made here was an attempt to insure against the possibility that Chinese laws other than the Basic Law would have effect in Hong Kong. Without such a formula as we suggested, it would not be axiomatical that the courts of the SAR would have

SECRET

/jurisdiction.