TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 123

CODE 18-77

Reference

CAYALQ

CONFIDENTIAL

ersley

Mr Edwards

Mr Whomers

Legal Advisers

Ser seperate

10/5

Sorry - didn't get round to this.

HONG KONG BASIC LAW: "ACTS OF STATE"

(96)

95

CAN

5/5/89.

100

B

A

of the

1. I attach three recent telegrams from Hong Kong on the use expression "acts of State" in the Basic Law. It appears that this term was not, until recently, used in mainland China. It has now appeared in recent legislation, but given a different meaning from that in English law.

2. To avoid misunderstanding, Hong Kong consider that we should press the drafters of the Basic Law to alter the text of Article 19 in which the expression is used. They now suggest three alternative wordings, in order of preference.

3. I attach the text of Article 19 as it stands in the latest draft of the Basic Law. I would be grateful for your views on Hong Kong's suggestions.

~KB 012/1

ерны

3 May 1989

Cc: Mr Wood

Michelan

N Cannon

Hong Kong Department WH303

270 2657

CONFIDENTIAL