TNAG-1847-FCO40-2622-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 78

CONFIDENTIAL

010270 MDHIAN 2125

WAS TO LET COURTS, NOT PARLIAMENTS, JUDGE SUCH MATTERS. SHAO TIANREN SAID THIS HAD BEEN MUCH DISCUSSED IN THE BLDC. SINCE THE BL WAS TO BE ADOPTED BY THE NPC IT MUST IN PRINCIPLE BE OPEN TO INTERPRETATION BY THE NPC LIKE ANY OTHER LAW IN CHINA. BUT ALLOWANCE MUST BE MADE FOR THE FACT THAT ONE COUNTRY TWO SYSTEMS ALSO MEANT 2 LEGAL SYSTEMS. THE DRAFT BL WOULD ALLOW HK COURTS TO INTERPRET THE BL WITHIN THE LIMITS OF THE SAR'S AUTONOMY. EFFORTS HAD BEEN MADE TO LIMIT THE AREAS LEFT TO THE NPC, BUT THE BASIC FRAMEWORK MUST STAND. ON TRICKY CASES THE NPC SC WOULD CONSULT THE BASIC LAW COMMITTEE WHICH WOULD BE HALF MADE UP OF HK MEMBERS ANYWAY.

9. AFTER THIS SESSION, WHICH OVER-RAN TO TWO AND A HALF HOURS, HOWELL TOLD REPORTERS THE FAC HAD HAD A FULL EXCHANGE OF VIEWS ON CONSTITUTIONAL QUESTIONS AND GOT A VERY FRIENDLY AND

POSITIVE RESPONSE FROM THE CHINESE SIDE.

DONALD

YYYY

DISTRIBUTION

52

ΜΑΙΝ

49

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

HD/FED

RESEARCH (FE)

PUSD

PS/LORD GLENARTHUR

PS/MR EGGAR

MR GILLMORE

MR MCLAREN

ADDITIONAL

3

MR EDWARDS LEGAL ADVISERS

MR WHOMERSLEY LEGAL ADVISERS

MR FIFOOT HKD

NNNN

PAGE

3

CONFIDENTIAL