TNAG-1852-FCO40-2627-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 108

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MDHOAN 6071

CONSTITUTIONAL COURT UNQUOTE:

HAVE ALREADY INDICATED TO CHINESE THAT ARTICLE 157 WILL NEED TO BE LOOKED AT AGAIN, THE ENSURE THAT HONG KONG ARE ABLE TO EXERCISE INTERPRETATIVE POWER TO GREATEST POSSIBLE EXTENT. BUT CONCEPT OF QUOTE CONSTITUTIONAL COURT UJNQUOTE ALREADY FLOATED WITH CHINESE BY OUR LEGAL EXPERTS AND REJECTED. REVIEW EXISTING HONG KONG LEGISLATION TO IDENTIFY AREAS WHICH MIGHT BE IN BREACH OF INTERNATIONAL COVENANTS:

HONG KONG GOVERNMENT HAVE ALREADY BEGUN WORK ON THIS. INTRODUCE BILL OF RIGHTS:

SECRETARY OF STATE ANNOUNCED TO UN ON 27/9 THAT WE INTENDED THE EARLY INTRODUCTION OF A BILL OF RIGHTS. WORK ON THIS IS BEING GIVEN HIGH PRIORITY. EXACT SHAPE OF LEGISLATION

REMAINS TO BE DECIDED.

REVISE ARTICLE 18 OF BASIC LAW: CENTRAL AUTHORITIES SHOULD HAVE NO POWERS TO INTERFERE IN MAINTENANCE OF PUBLIC ORDER IN HONG KONG SAR EXCEPT IN TIME OF WAR:

HAVE ALREADY INDICATED TO CHINESE OUR VIEW THAT ARTICLE 18 WILL NEED TO BE LOOKED AT AGAIN TO MEET HONG KONG CONCERNS. RECOMMENDATION IS IDEAL OBJECTIVE BUT CHINESE MAY BE

UNWILLING TO WATER DOWN ARTICLE 18.

MAKE CLEAR TO CHINESE THAT HONG KONG OPINION IS STRONGLY OPPOSED TO STATIONING PLA TROOPS IN HONG KONG:

AGREED. HAVE ALREADY DRAWN CHINESE ATTENTION TO THESE CONCERNS. BUT IN THE EVENT, CHINESE LIKELY TO INSIST ON SOME MILITARY PRESENCE IN HONG KONG AS SIGN OF SOVEREIGNTY. AMENDMENTS TO BASIC LAW SHOULD HAVE AGREEMENT OF STANDING COMMITTEE OF NPC, OF LEGCO AND OF CHIEF EXECUTIVE OF SAR BEFORE SUBMISSION TO NPC:

ΝΟ

AT PRESENT ONLY PROPOSALS FROM HONG KONG SO RESTRICTED. SUCH RESTRICTIONS IN PRESENT DRAFT ON PROPOSALS MADE BY NPC ITSELF, NOR WOULD THE CHINESE BE LIKELY TO AGREE TO IMPOSE SUCH: INTERNAL SOVEREIGNTY ISSUE. BETTER TO SAVE OUR POWDER FOR A WINNABLE FIGHT.

ACTIONS WITHIN HONG KONG

REMAIN CONVINCED THAT BEST FUTURE FOR PEOPLE OF HONG KONG LIES IN HONG KONG AND THAT THE BEST GUARANTEES FOR THAT FUTURE ARE CONTINUING ECONOMIC SUCCESS OF THE TERRITORY AND STRONG AND STABLE DEMOCRATIC INSTITUTIONS:

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AGREED.

HONG KONG GOVERNMENT MUST TAKE THIS OPPORTUNITY TO ESTABLISH IN ADVANCE OF 1997 THE INSTITUTIONS AND SYSTEMS BEST DESIGNED TO GUARANTEE HONG KONG'S FUTURE AUTONOMY AND STABILITY:

AGREED.

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