TNAG-1754-FCO40-2474-Future-of-Hong-Kong-Parliamentary-debates-1988 — Page 245

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CONFIDENTIAL

Defensive points

[For general use except where shown]

DEBATE IN PARLIAMENT?

Debate in House of Lords held on 10 June. House of Commons

debate likely to take place in July.

It was

on Parliament's authorisation that British Government

signed Joint Declaration. Natural that Parliament should wish to discuss whether Basic Law accurately reflects Joint Declaration.

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. Understand Legco will

hold debate on 13-14 July.

As Foreign Secretary said here in May, HMG would be ready to pass records of such discussions to Chinese authorities.

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 issues look more like drafting points.

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NEED FOR AUTHENTIC ENGLISH TEXT OF BASIC LAW

[For Governor, officials, ExCo]

But

See little chance of equally authentic English text. possible that Chinese could accept official English text, with caveat that in case of divergence, Chinese text would be decisive. Chinese authorities seem to be seized of the problem. Encouraged by Ji Pengfei's reaction to this in discussion with Governor.

[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

CONFIDENTIAL