635
SECRET
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2876
OF 281130Z JULY 88
+KB
RECOVER
SECRET
011
REGISTRY
27 JUL 1988
INFO IMMEDIATE PEKING, UKREP JEG HONG KONG
YOUR TELNOS 1959-60°
-641-BOS
BASIC LAW : ART. 169
114131
MDHIAN 8747
TOP COPY
Q DIST 7
هما
They are!
gistered,
If there are not
M. Batain capres (from me)
MANY THANKS FOR TURS. OUR COMMENTS ARE SET OUT BELOW.
ON FIRST TUR
ON PARA 1.
2. WE AGREE THAT IT WOULD BE USEFUL TO HAVE AVAILABLE A CHECKLIST
OF POINTS WHICH WE WISH TO MAKE/EXPLORE WITH THE CHINESE.
ON PARAS 2 AND 3
3. SINCE THE COMMENCEMENT OF THE CONSULTATION EXERCISE ON THE DRAFT BL, MEMBERS OF THE PUBLIC COMMENTING ON ART. 169 HAVE EXPRESSED GRAVE CONCERN ON THE REQUIREMENT THAT THE SAR COURTS SHOULD CONSULT
THE NPC STANDING COMMITTEE ON CERTAIN BL ARTICLES REGARDED AS
FALLING OUTSIDE THE LIMIT OF THE SAR'S AUTONOMY BEFORE GIVING A
FINAL JUDGMENT. FOR ANY ALTERNATIVE TEXT OF ART. 169 TO WIN LOCAL ACCEPTANCE, AND IN ORDER THAT JD 50 AND 68 WILL BE GIVEN FULL EFFECT AND THE INTEGRITY OF THE SAR'S JUDICIAL SYSTEM PRESERVED, SUCH A REQUIREMENT WOULD HAVE TO BE ABANDONED. THE SUGGESTION THAT
THE SAR COURTS SHOULD BE GIVEN A DISCRETION WHETHER OR NOT TO REFER
TO THE STANDING COMMITTEE WOULD NOT IN OUR VIEWS ALLAY PUBLIC CONCERN, SINCE IT STILL PROVIDES A DIRECT AVENUE FOR THE COURTS TO ADJOURN A CASE BEFORE THEM IN ORDER TO SEEK A DECISION FROM THE NPC
STANDING COMMITTEE.
4. THE CHINESE SIDE ARE UNDERSTANDABLY GRAVELY CONCERNED ABOUT THE
PROTECTION OF THEIR INTERESTS. BUT WE SHOULD RESIST ANY CHINESE
ATTEMPT TO ERODE JD 58 AND 68 AND THE JUDICIAL INTEGRITY OF THE
SAR. IT IS THEREFORE IMPORTANT TO REBUT THE ANALOGY DRAWN BY LU PING ET AL BETWEEN ART. 177 OF THE EC TREATY AND ART. 169, WHICH IS A FALSE ONE (SEE PARA. 4 OF OUR TELNO 2783). WE ARE NOT ARGUING
THAT THE CPG SHOULD BE COMPLETELY DENIED ANY REMEDY IF IT THINKS
THAT ITS INTERESTS MAY BE DAMAGED BY A DECISION OF AN SAR COURT
BASED ON A WRONG INTERPREATION OF A BL PROVISION. BUT WE
CONTINUE TO OBJECT TO A PROCEDURE WHICH WOULD ALLOW THE NPC
STANDING COMMITTEE TO INTERFERE WITH THE JUDICIAL PROCESS IN THE
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