CONFIDENTIAL
FM HONG KONG
TO DESKBY 21083OZ FCO
TELNO 963
OF 21075OZ MARCH 89
INFO IMMEDIATE PEKING
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198
CONFIDENTIAL
HKB 011/3
202
055560
MDHIAN 7571
TOP COPY
Q DIST?
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YOUR TELNOS 703 AND 704: FAC: LINE OF QUESTIONING FOR SECRETARY OF STATE'S APPEARANCE ON 22 MARCH
1.
WE TAKE YOUR POINT AND AGREE THAT THE SECRETARY OF STATE SHOULD NOT DUCK THE QUESTIONS IN RESPECT OF RATIONALISATION OF LEGISLATION IF ASKED ON THE LINES INDICATED. OUR COMMENTS ON YOUR SUGGESTED LINE TO TAKE ARE AS FOLLOWS:
(A) IS IT OUR INTENTION TO HAND OVER HONG KONG AS IT STANDS ON PAPER OR AS IT WORKS IN PRACTICE?
WE SHOULD TRY TO ESTABLISH OUR OWN UNDERSTANDING OF THE MEANING OF THE QUESTION AND FRAME THE REPLY ACCORDINGLY. WE SUGGEST THAT WE SHOULD START OFF BY MAKING THE POINT THAT WE HAVE EMPHASIZED TIME AND AGAIN THE IMPORTANCE OF THE RULE OF LAW, ITS PRESERVATION AND
· CONTINUED APPLICATION TO HONG KONG AFTER 1997. IT IS THEREFORE IMPORTANT THAT WE HAVE A ROBUST LEGAL FRAMEWORK TO ENSURE THAT THIS IS ACHIEVED. THE JOINT DECLARATION SETS OUT THAT THE HONG KONG SPECIAL ADMINISTRATIVE REGION WILL ENJOY A HIGH DEGREE OF AUTONOMY, EXCEPT IN FOREIGN AND DEFENCE AFFAIRS. IT ALSO SETS OUT THAT THE HONG KONG ADMINISTRATIVE REGION WILL BE VESTED WITH EXECUTIVE, LEGISLATIVE AND INDEPENDENT POLITICAL POWER, INCLUDING THAT OF FINAL ADJUDICATION, AND THAT THE LAWS OF HONG KONG WILL REMAIN BASICALLY UNCHANGED. AND IT SETS OUT THAT HONG KONG'S PREVIOUS CAPITALIST SYSTEM AND LIFE-STYLE SHALL REMAIN UNCHANGED FOR 50 YEARS. PROVISIONS ARE TO BE FULLY REFLECTED IN THE DRAFT BASIC LAW.
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THESE
HAVING DEALT WITH THE MATTER AS IT STANDS IN LAW AND ON PAPER, WE THEN TURN TO THE PRACTICE. WE SHOULD MAKE THE POINT THAT WITHIN THE BROAD LEGAL FRAMEWORK AS MENTIONED ABOVE, THE REALITY OF THE SITUATION IS SUBJECT TO A SYSTEM OF CHECKS AND BALANCES WHICH WILL EVOLVE OVER TIME. THERE IS NO REASON TO BELIEVE THAT THE CURRENT SYSTEM OF CHECKS AND BALANCES WILL BE ERODED TO ANY SIGNIFICANT EXTENT AS TO POSE A THREAT TO THE EXERCISE OF EXESSIVE EXECUTIVE POWERS IN HONG KONG AFTER 1997.
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