TNAG-1719-FCO40-2399-Hong-Kong-1987-Review-of-Representative-Government-1988 — Page 134

DAYACY

BACKGROUND

BASIC LAW

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1. A first draft of the Basic Law is to be published in early May for public comment. After further revision and another round of

public comment in 1989, it will be submitted to the National

People's Congress for approval and promulgation in 1990.

2. The first draft of the Basic Law as it stands contains three

major flaws: it includes unhelpful detail on the formation of the first SAR Government; it specifies a number of (chiefly economic) policies which the SARG will pursue (thus encroaching on the SARG'

autonomy as defined in the JD); and its references to human rights

are not consistent with the terms of the JD. We are maintaining

pressure on the Chinese to see that their sections are consistent

with the articles of the JD.

S

3. While in Hong Kong Sir Peter Blaker was reported as having said

there may be a Parliamentary debate on the draft Basic Law when it

was published. Zheng Hua, Vice-Director of NCNA in Hong Kong, was

reported by some papers as having commented that the decision to

stage a debate was solely a matter for the British Government

(though the Chinese would listen to the views expressed) and by

others as having suggested it may not be appropriate for the British Parliament to discuss the future constitution of Hong Kong. We

think the Chinese have no grounds for objecting to such a debate,

provided it is in the context of implementation of the Joint

Declaration. Hong Kong telno 932, commenting on the affair, is

A attached.

GRAND ELECTORAL COLLEGE

4. Sir P Blaker is reported as having expressed reservations about

this idea on the grounds that it would make people think Hong Kong

was returning to the appointments system.

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