TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 11

г

CONFIDENTIAL

Mr. Payd.

650.

Foreign and Commonwealth Office

London SW1A 2AH

28 July 1988

Michael Saunders Esq

वाडि

Law Officers' Department HKB 013

Royal Courts of Justice

STRAND

LONDON

WC2A 2LL

Jean Michard,

HONG KONG BASIC LAW

REC

- 2 AUG 1988

IND

врибо

EX

GISTE

Enter ope три

Mr Word

Thank you for your letter of 15 July644)

W/28/1

I also saw the delegation, or some members of it, on two occasions during their recent visit and was present at their meeting with Lord Glenarthur.

wealt

On the second occasion, I discussed with members of the delegation in some detail the most significant of the points they made in their various memoranda. The points were not new. They concerned issues on which I have had confidential discussions with the Chinese mainland draughtsman over the past 18 months. However, the great advantage of the current period of a public soliciation of views on the draft Basic Law is that the Chinese will now see that the kind of points that we have been making to them are those of concern to people in Hong Kong, not only to HMG.

I do not think that we would necessarily accept all of the solutions proposed by the Hong Kong lawyers. This is not because there is anything inherently wrong with these solutions, but, on some issues, we tend here to have a different appreciation of what the Chinese will accept. That said, our aims are broadly the same as those of the delegation. In particular we agree that, so far as possible, we should endeavour to ensure that Hong Kong's high degree of autonomy is secured by legal rather than political measures. Where we may differ is that we would find it difficult not to accept that the last word on certain issues must inevitably lie with an organ of the Central Sovereign Authority.

Ministers have said on frequent occasions that the British Government have the right to assure themselves that the principles embodied in the Joint Declaration have been faithfully implemented in the Basic Law. Sir Geoffrey Howe made a statement to that effect in the Commons on 15 July and Lord Glenarthur spoke in similar terms in the Lords on 10 June. We will continue our efforts to pursuade the

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/Chinese