TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 11

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

4

Article & Paragraph

Art. 158, Para. 4

Art. 159, Para. 1

"

Art. 159 Para. 2

Annex I, Item 2

་་

Original English text

of the draft BL

contravene the established basic policies of the People's Republic of China regarding Hong Kong.'

11

.. declares to be inconsistent with this Law. If the laws are later discovered to be inconsistent with this Law,

...

provided that they are not inconsistent with this Law.

"Hong Kong members of the National Committee of the Chinese People's Political Consultative Conference"

Suggested text

contravene the established

basic principles and policies of the People's Republic of China regarding Hong Kong.

"

"

... declares to be in contravention of this Law. If the laws are later discovered to be in contravention of this Law,

provided that they do not contravene this Law."

"Representatives of" should be inserted before "Hong Kong members ..."

Remarks

To reflect the Chinese

expression "* 32 *

accurately.

基本方針政策

We have commented separately on the need to make a distinction in this article between those SAR laws and legal documents which contravene the BL and

those which are inconsistent

with the BL. On a translation

point, the Chinese expression

抵觸

" should be

"

translated as "contravention".

In legal terms, "inconsistent" is different from

"contravene". The Chinese

expression "

抵觸

should

be translated as the latter.

To reflect the Chinese text accurately.

Ø119J

CONFIDENTAL

me TEN

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