TNAG-1852-FCO40-2627-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 134

POPAAL ( 2 )

CONFIDENTIAL

2.7

Basic Law should be "son" of Joint Declaration, not of Chinese

constitution:

2.8

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 (Article 157): need for "Joint

Constitutional Court":

2.9

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

"Constitutional Court" 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:

2.11

2.12

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.

CONFIDENTIAL