TNAG-1861-FCO40-2636-Future-of-Hong-Kong-Basic-Law-1989 — Page 146

4

› SUYAEM

RESTRICTED

Copy passed to fir P Blaker MP

HONG KONG: BASIC LAW: RECENT DEVELOPMENTS

HKB 012/1-FILE

J

laway

1.

The various sub-groups of the Basic Law Drafting Committee met

in Canton throughout the second half of November; and the Director

and Vice-Directors of the BLDC and the Covenors of the Sub-Groups

met from 6-9 December 1988 to consider amendments and prepare a

revised text for the Plenary BLDC meeting in January. Attached is a

copy of the Basic Law revised in the light of the outcome of those

meetings. The Article numbers in the new text have been changed

from those in the draft published in April 1988. The revised draft

was put forward for consideration at the eighth meeting of the BLDC, held in Canton from 9-15 January 1989 (see separate note attached).

2. The main developments of these meetings were as follows:

(i)

Powers of the National People's Congress in respect of

Hong Kong law (Article 17, formerly Article 16): Significant

progress. Power of the NPC to revoke Hong Kong laws has been

dropped, and the scope of its power to return laws for

reconsideration has been limited.

(ii) Nationwide laws applicable to Hong Kong (Article 18,

formerly 17): Some steps forward. One step back. Such laws are to

be more clearly defined and delimited than in the first draft. But

there is a worrying new provisions giving the NPC the right to apply

undefined "relevant laws" of the PRC in times of war and "unrest"

without prior consultation with the SAR.

(iii) Power of jurisdiction of the Hong Kong SAR courts (Article 19, formerly 18): Significant progress. Jurisdiction of

the Hong Kong courts over questions "concerning the executive acts

of the CPG" is no longer excluded. But there is still no provision

making the CPG subject to the jurisdiction of the SAR courts.

(iv) Human Rights (Article 39, formerly Articles 38 and 39):

Useful progress.

Many of the earlier deficiencies of the draft have

been rectified. But the International Covenants have not been

incorporated in the Basic Law. The question of whether Hong Kong

RESTRICTED