TNAG-1740-FCO40-2456-Relations-between-Hong-Kong-and-the-UK-Parliament-1988 — Page 113

CONFIDENTIAL

Concept of "Grand Electoral College"

This was proposed by a substantial number of Hong Kong members

of the BLDC and BLCC. As we understand it, the idea was advanced as

one way in which an effective and co-operative working relationship

between the executive and the legislature can be maintained. Not in Hong Kong's administrative tradition, or in interest of smooth functioning of SAR Government post-1997 for the executive and

legislative branches of the government to be completely separate, with the risk of working at cross purposes. Obviously GEC idea not the only way of avoiding this, but critics of it should advance

feasible alternatives.

Protection of basic rights?

Draft Basic Law (Article 39) provides that the provisions of

the two international covenants on human rights shall be implemented

in the SAR. There is admittedly some criticism of the drafting of other parts of Chapter III of the Basic Law to the effect that they are inconsistent with Article 38. These are essentially technical

drafting points and can be cured in revisions of Basic Law. But again, should not draw conclusions from this that the Chinese are out to restrict basic rights in the SAR. A more likely reason for

these criticisms is that mainland drafters are not entirely familiar

with the "common law" style of law drafting, or with the intricacies

of the provisions of the two international covenants and how they

are applied in Hong Kong.

Other concerns

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On other faults of draft Basic Law might be considered as going beyond the Joint Declaration, eg balanced budget (Article 106), low tax (Article 108): problem not created by the Chinese. Nature of Basic Law drafting process is such that Hong Kong people from all sections have a voice naturally their particular (sectoral)

concerns reflected in the draft. But we hope informed debate now

will be sufficient to convince the BLDC to avoid these pitfalls.

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CONFIDENTIAL