CONFIDENTIAL
03 16
MDHIAN 360
*
ACTS OF STATE' AT LEAST SOME OF THE MAINLAND DRAFTERS APPER TO BE SYMPATHETIC TO THIS FORMULATION (PARA 5 OF SECOND TUR). WE WOULD RISK CONFUSING THE DRAFTERS IF WE FED ALTERNATIVE VARIATIONS. NEVER- THELESS, WE HAVE WORKED OUT TWO VARIANTS FOR POSSIBLE DEPLOYMENT IF OUR PREFERRED SOLUTION RUNS INTO DIFFICULTIES. THESE ARE:
(A) ''COURTS OF THE HKSAR SHALL HAVE NO JURISDICTION TO CHALLENGE ACTS OF STATE'': AND
(B)
''COURTS OF THE HKSAR SHALL HAVE NO JURISDICTION OVER ACTS OF
STATE''.
WE PREFER (A) SINCE THE POINT IS MADE CLEARLY. AND SINCE (B) IN LIGHT OF THE NEW CHINESE LAW, CARRIES THE RISK OF MISUNDERSTANDING OVER PRECISELY WHAT IS INVOLVED IN ACTS OF STATE.
6. GRATEFUL FOR YOUR VIEWS.
WILSON
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DISTRIBUTION
25
ΜΑΙΝ
25
LIMITED
HKD
FED
PRU
FINANCE DEPARTMENT
PS/PUS
MR GILLMORE MR MCLAREN
MR BLATHERWICK
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2
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