TNAG-1852-FCO40-2627-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 145

TOMASJ (2)

CONFIDENTIAL

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

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CHILDRE I

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PAREAS!

Basic Law is designed to give practical and legal effect to

But Basic Law remains Chinese law, provisions of Joint Declaration.

May nevertheless

enacted in accordance with Chinese constitution. 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":

(to imneze !?)

But concept of

Have already indicated that Article 157 will need to be looked at again, to ensure that Hong Kong organs are able to exercise interpretative power to greatest possible extent. "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:

Hong Kong Government have already begun work on this.

Introduce Bill of Rights;

Sil s

annowit

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it a Bill of Rights.

2719 that we intended the early introduction

Have already indicated that Work on this is being given high priority. Exact shape of legislation remains to be decided.

Revise Article 13 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:

(to Churose)

?

Have already indicated our view that Article 18 will need to be

Recommendation is ideal looked at again to meet Hong Kong concerns.

objective but Chinese may be unwilling to water down Article 18.

CONFIDENTIAL

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