HKB НКВ 0271.
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CONFIDENTIAL
FM HONG KONG
TO DESKBY 22010OZ PEKING
TELNO 087
OF 21103OZ JUNE 88
INFO IMMEDIATE FCO
CONFIDENTIAL
144
155750 MDHIAN 4204
TOP
FOR PS/LORD GLENARTHUR
130
FCO TELNO 1558 VISIT OF LORD GLENARTHUR TO CHINA : BASIC LAW
1.
PUBLIC COMMENTS ON THE DRAFT BASIC LAW HAVE SO FAR BEEN LARGELY CRITICAL, AND HAVE FOCUSSED ON THE FOLLOWING FIVE GENERAL AREAS:
(A) THE PRINCIPLE OF ''ONE COUNTRY, TWO SYSTEMS'' HAS NOT BEEN REALIZED : ''SOVEREIGNTY'' HAS BEEN EMPHASISED AT THE EXPENSE OF THE HIGH DEGREE OF AUTONOMY PROMISED FOR THE SAR IN THE JD:
(B) THE ARTICLES PURPOTING TO PROTECT BASIC HUMAN RIGHTS ARE DEFECTIVE AND DO NOT REFLECT THE PROVISIONS OF THE JD ACCURATELY:
(C) THERE IS NO CLEAR DEFINITION OF A CHINESE NATIONAL FOR THE PURPOSES OF DETERMINING RIGHT OF ABODE AND ACCESS TO CERTAIN POLITICAL/CIVIL SERVICE APPOINTMENTS:
(D)
THE PROVISIONS (MAINLY IN CHAPTER V) BINDING THE SAR GOVERNMENT TO ACHIEVE CERTAIN POLICY OBJECTIVES ARE IN CONFLICT WITH THE JD AND COULD SERIOUSLY RESTRICT THE SAR GOVERNMENT'S ABILITY TO GOVERN: AND
(E) THE ARRANGEMENTS SET OUT IN ANNEX III ON THE FORMATION OF THE FIRST SAR GOVERNMENT WILL CONSTITUTE A DISTINCT BREAK IN CONTINUITY IN 1997.
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2. ON (A) THE FOLLOWING ARTICLES HAVE BEEN MOST FREQUENTLY
CRITICISED:
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ARTICLE 17 PARAS. 2 4: THE SCOPE OF THE NATIONWIDE STATUTES APPLICABLE IN THE SAR IS UNCLEAR. THE RESERVATION TO THE CPG OF A RIGHT TO DECREE THE APPLICATION OF SUCH STATUTES GOES BEYOND JD 57, WHICH PROVIDES THAT THE LAWS OF THE SAR SHALL BE ''THE BASIC LAW, THE LAWS PREVIOUSLY IN FORCE IN HK AND LAWS ENACTED BY THE HKSAR LEGISLATURE.
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