RESTRICTED
1
04
MDHOAN 0544
-
PAIRING BL HAS NO RELATIONSHIP WITH PRESENT CONSTITUTION AND VICE VERSA. TWO VERY DIFFERENT ANIMALS. HK CONSTITUTION SET OUT IN LETTERS PATENT AND ROYAL INSTRUCTIONS. BASIC LAW WILL BE LAW ENACTED BY NPC OF PRC IN ACCORDANCE WITH CONSTITUTION OF PRC. (COMPARISON AN INTERESTING BUT FUTILE INTELLECTUAL EXERCISE). NEED TO CONSIDER PRACTICAL NEED FOR SMOOTH TRANSFER OF GOVERNMENT IN 1997. THOSE PRACTICAL CRITERIA FULLY ACKNOWLEDGED IN JD. (G)
BL, DRAFTING AND CONSULTATION: BASIC LAW DRAFTED BY BLDC. SET UP BY CHINESE. BLDC CONTAINS HONG KONG MEMBERS. THEIR VIEWS TAKEN INTO ACCOUNT FROM THE START. WELCOME THIS. FIRST STAGE OF BLDC'S WORK NEARING COMPLETION. MEETING IN PEKING IN LATE APRIL. PUBLICATION OF FIRST DRAFT OF BASIC LAW IN EARLY MAY 5 MONTHS' CONSULTATION, OPPORTUNITY TO COMMENT FOR HK PEOPLE, VIEWS CO-ORDINATED BY BLCC. CHANCE FOR HONG KONG PEOPLE TO INFLUENCE SECOND DRAFT OF BL TO BE PUBLISHED BEFORE
.
FINAL VERSION IS PROMULGATED IN 1990. APPLAUD CHINESE SIDE'S ENLIGHTENED APPROACH.
(H)
OUR DESIRES: TO SEE BL REFLECT TERMS OF JD WHICH IT IS INTENDED TO PUT INTO PRACTICE FOR HK. ACID TEST WILL BE BL/JD COMPATIBILITY, NOT HOW BL COMPARES WITH PRESENT CONSTITUTION. DIFFICULT TASK, BUT EXPERIENCE WORKING WITH CHINESE TO DATE SUGGESTS SHOULD BE A MANAGEABLE ONE. IN EVERYONE'S INTERESTS TO PRESERVE CONFIDENCE IN HONG KONG, IN HER FUTURE STABILITY AND PROSPERITY. BOTH GOVERNMENTS FULLY COMMITTED TO MAKING JD WORK TO ACHIEVE THIS. 3.
WE DO NOT INTEND TO ADDRESS DIRECTLY THE QUESTION OF OUR SCRUTINY OF THE BASIC LAW. HOWEVER, IF IT IS RAISED, WE INTEND TO DRAW ON THE FOLLOWING LINE AS APPROPRIATE:
QUOTE DRAFTING BL A MATTER FOR PRC NOT THE UK, WHOLLY WITHIN THEIR SOVEREIGNTY. BUT CHINA ENTERED INTO AGREEMENT WITH US. THROUGH THE JOINT DECLARATION, SETTING OUT THE POLICIES THEY WOULD ADOPT WHEN THEY RESUME SOVEREIGNTY OVER HONG KONG. ALSO THE JD AGREEMENT REGISTERED IN ACCORDANCE WITH ARTICLE 102 OF THE UN CHARTER. THEREFORE WE, AS PARTY TO JD, HAVE LEGITIMATE INTEREST IN EXAMINING WAY IN WHICH CHINESE INTEND TO CARRY OUT THE UNDERTAKINGS CONTAINED IN THE AGREEMENT. THIS IN NO WAY VIOLATES THE SOVEREIGN RIGHTS OF THE PRC. IT IS A CONSEQUENCE OF THE PRC'S AGREEMENTS WITH US. IN PRACTICE CHINESE SIDE VERY OPEN AND CO-OPERATIVE IN WAY THEY ARE PREPARING BL UNQUOTE.
4.
WE WILL PROVIDE DEFENSIVE MODULES SIMILAR TO THOSE PRODUCED FOR THE DEBATE ON THE WHITE PAPER. GRATEFUL FOR COMMENTS DESKBY 10090OZ.
5.
YOU WILL NO DOUBT WISH TO INFORM THE CHINESE IN THE MARGINS OF JLG THAT THE DEBATE IS TAKING PLACE.
PAGE
2
RESTRICTED
No comments yet.
Private notes are available after approval.