TNAG-1852-FCO40-2627-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 107

CONFIDENTIAL

MKB

011 13

466

100413

MDHOAN 6071

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 2154

OF 19160OZ OCTOBER 89

TOP COPY

Q DIST `

AND TO IMMEDIATE PEKING, BTC HONG KONG, UKREP JLG HONG KONG

PART ONE OF TWO

MIPT: FAC REPORT ON HONG KONG

JOINT DECLARATION AND BASIC LAW

TEARING UP JOINT DECLARATION, RENEGING ON JOINT DECLARATION AND BREAKING OFF ALL NEGOTIATIONS WITH CHINA IS NOT AN OPTION:

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AGREED. WE HAVE STATED THAT THE JOINT DECLARATION REMAINS THE CORNERSTONE OF OUR POLICY, AND THAT IT IS BETTER FOR HONG KONG TO RETURN TO CHINA UNDER THE TERMS OF THE JOINT DECLARATION THAN WITHOUT AN AGREEMENT.

PRC MAY NEED TO GIVE STRONGER GUARANTEES THROUGH BASIC LAW TO RE-ESTABLISH CONFIDENCE AND TRUST:

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AGREED. MUCH DEPENDS ON CHINA'S FUTURE WORDS AND, MOST IMPORTANTLY, ACTIONS. MUST DEMONSTRATE FULL COMMITMENT TO JOINT DECLARATION AND, IN REVISING BASIC LAW, MUST DEMONSTRATE WILLINGNESS TO TAKE ACCOUNT OF HONG KONG CONCERNS.

JOINT DECLARATION REMAINS SUREST BASE FOR HONG KONG'S FUTURE. MUST CONCENTRATE ON IMPLEMENTATION OF PROVISIONS, ESPECIALLY THROUGH BASIC LAW:

AGREED. WE HAVE ALREADY TAKEN THIS LINE. WE SHALL CONTINUE TO MONITOR CAREFULLY WHETHER ASPECTS OF THE BASIC LAW NEED REVISION, AND THE PROGRAMME OF WORK IN JLG. BASIC LAW MUST QUOTE BUILD UP UNQUOTE DETAILS OF SAR'S GOVERNMENT AND ADMINISTRATIVE SYSTEM:

AGREED IN PRINCIPLE. BASIC LAW ALREADY GIVES BROAD OUTLINE OF FUTURE STRUCTURE OF GOVERNMENT. BUT CARE MUST BE TAKEN TO AVOID TOO MUCH DETAIL WHICH WOULD ONLY BIND THE SAR GOVERNMENT TOO CLOSELY.

BASIC LAW SHOULD BE QUOTE SON UNQUOTE OF JOINT DECLARATION, NOT OF CHINESE CONSTITUTION:

BASIC LAW IS DESIGNED TO GIVE PRACTICAL AND LEGAL EFFECT TO PROVISIONS OF JOINT DECLARATION. BUT BASIC LAW REMAINS CHINESE LAW, ENACTED IN ACCORDANCE WITH CHINESE CONSTITUTION. MAY NEVERTHELESS BE SCOPE FOR CLARIFYING WHICH ASPECTS OF CHINESE CONSTITUTION ARE APPLICABLE IN HONG KONG SAR. INTERPRETATION OF BASIC LAW CARTICLE 157): NEED FOR QUOTE JOINT

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