TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 31

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ATTORNEY

GENERAL

LEGAL SECRETARY

Mr Eifost

CONFIDENTIAL

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PRN Fifoot Esq CMG

Legal Advisers

Foreign and Commonwealth Office

King Charles Street LONDON SWI

Jean Jaul.of.

DRAFT HONG KONG BASIC LAW

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644

LAW OFFICERS' DEPARTMENT

ROYAL COURTS OF JUSTICE

LONDON, WC2A 2LL

15 July 1988

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2 AUG 1988

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A delegation of the Hong Kong Bar Association and the Law Society of Hong

Kong called on the Attorney on Wednesday 13 July. The same delegation had, I

believe, called on Lord Glenarthur in the morning.

The delegation handed to the Attorney two memoranda prepared by the Bar Association and two prepared by the Law Society. They also delivered to him a copy of an Opinion of Sir William Wade QC. I believe you have copies of these

documents.

The delegation said that they were pleased with the conclusions reached by Sir

William Wade. He seemed to endorse all their fears about the draft Basic Law.

In particular he agreed with their view that the autonomy of Hong Kong should be secured by legal rather than political measures. They feared that the FCO

would not be sympathetic to this view.

The delegation said that they had made strong representations to Lord

Glenarthur. There was a perception in Hong Kong that the UK was washing its

hands of its responsibility and was proposing to take the line that the Basic Law

was a matter for China. In the view of Hong Kong lawyers, the fundamental

document was the Joint Declaration. The Foreign Secretary had presented that

Declaration to Hong Kong as a binding international obligation. The United

Kingdom had an obligation to secure that the Basic Law was compatible with

that Declaration. The Attorney agreed that HMG has a duty to ensure that the

Basic Law does comply with the Joint Declaration.

CONFIDENTIAL