TNAG-1748-FCO40-2467-Visit-by-Sir-Geoffrey-Howe--Secretary-of-State-for-Foreign-a-1988 — Page 59

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

WOZAGN (3)

CONFIDENTIAL

Defensive points

[For general use except where shown]

DEBATE IN PARLIAMENT?

A matter for Parliament to decide. Debate in House of Lords on

10 June. No firm plans at this stage for House of Commons debate.

Understand Chinese spokemen have said it is not a matter for

them if Parliament choose to debate Basic Law.

LEGCO/DISTRICT BOARD DEBATES?

Basic Law is clearly matter of great importance in Hong Kong.

Would expect such bodies to wish to debate it.

HUMAN RIGHTS ASPECTS?

Draft Basic Law (Article 38) provides that provisions of the

two international covenants on human rights shall be implemented in

the SAR. Admittedly some criticism in Hong Kong of drafting of

other parts of Chapter III of Basic Law to the effect that they are

inconsistent with Article 38. Not clear that there are substantive

look more like drafting points.

issues

-

NEED FOR AUTHENTIC ENGLISH TEXT OF BASIC LAW

[For Governor, officials, ExCol

See little chance of equally authentic English text. But

possible that Chinese could accept official English text, with

caveat that in case of divergence, Chinese text would be decisive.

[For general use]

Much comment in Hong Kong on the need for an authentic English

text of the Basic Law. Focus in particular on need for Hong Kong

SAR courts, operating on the common law system, to have authentic

English text to be able to function properly. See force in arguments for an official text. Sure these views will emerge during public consultation process.

JUDICIAL SYSTEM

[For Governor, officials, ExCol

Need to have some machinery in these areas to determine

disputes as to where power lies.

Also need to remember that

CONFIDENTIAL

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