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Chinese on various issues where we are not satisfied that the drafting accords with the Joint Declaration. We will also pass on comments and criticisms of others, but there are good reasons for doing these things confidentially and through diplomatic channels and for limiting what we say about the points we make. We have already furnished the Chinese with the Hansards of the Lords' and Commons' Debates and of a recent debate on the Basic Law in Hong Kong's Legislative Council.
You will appreciate, however, that the Joint Declaration is not explicit in certain respects. There are gaps. A number of these gaps relate to the political structure of the SAR and to relations between the SAR and the central authorities. In some cases, therefore, it is not a matter of a failure to give effect to explicit provisions of the Joint Declaration so much as a choice of less attractive options; and we need to pursuade the Chinese to more attractive ones.
I myself hope to go to Beijing next month to discuss these issues with the Chinese draughtsmen.
We agree that at this stage in the drafting process we must make a very determined effort to get our views across to the Chinese so as to ensure that the Basic Law Drafting Committee takes into account the concerns expressed by Hong Kong people and passed on by ourselves, and revise the draft accordingly before it is republished early next year for further comment.
I must ask you to keep my involvement with the Chinese in these matters confidential. We have managed to establish a useful channel which respects the Chinese' side's sensitivity that the drafting of the Basic Law is a matter for themselves. We would not wish to imperil that channel by publicising it. The Hong Kong lawyers know I am visiting Hong Kong. I have been doing this, partly for Basic Law reasons and partly for more general coordination purposes for the past two or three years. They have not been told, whatever they may speculate, that I am part of the diplomatic effort by HMG with the Chinese in relation to the Basic Law.
Evtl.
Yours
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Paul Fifoot
Legal Advisers K 199
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