TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 140

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

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22. I NOTED THAT WE HAD SOME CONCERNS ABOUT THIS ARTICLE, WHICH PROVIDED THAT THE CHIEF JUSTICE OF THE COURT OF FINAL APPEAL AND THE CHIEF JUDGE OF THE HIGHT COURT WOULD BE CHINESE CITIZENS AND PERMANENT RESIDENTS. WE UNDERSTOOD THE IDEA BEHIND THIS AND AGREED WITH THE LONG TERM INTENTION. BUT THERE WAS A SHORT TERM PROBLEM IN THAT VERY FEW SENIOR JUDGES WERE CHINESE. WE WERE WORKING TO INCREASE THE NUMBER, BUT THIS WOULD TAKE TIME. FURTHERMORE, OF THE FEW SENIOR CHINESE JUDGES SOME, INCLUDING THE CHIEF JUSTICE, HELD FOREIGN PASSPORTS. THE PROBLEM POSED BY ARTICLE 89 WAS ALSO OF CONCERN TO THE CHIEF JUSTICE. IN THIS REGARD THE SECOND DRAFT WENT FURTHER THAN THE JOINT DECLARATION OR THE FIRST DRAFT. THE DRAFTERS MIGHT WISH TO RE-EXAMINE THIS POINT.

THE FIRST CHIEF EXECUTIVE

23. I REMINDED LU THAT I HAD PUT TO ZHOU NAN OUR THOUGHTS ABOUT UNCERTAINTY CREATED BY THE SELECTION PROCESS OF THE FIRST CHIEF EXECUTIVE. GREATER CLARITY WOULD HELP TO SECURE THE RIGHT REACTION TO THE BASIC LAW. WE SAW MERIT IN THE SYSTEM FOR SELECTING THE FIRST CHIEF EXECUTIVE BEING AS CLOSE AS POSSIBLE TO THAT FOR SELECTING HIS SUCCESSORS, IE AN OPEN PROCESS OF ELECTION WITH THE ELECTION COMMITTEE SIMILARLY BEING CHOSEN BY AN OPEN PROCESS.

CONCLUSION: PRINCIPAL OFFICIALS AND DEFENCE LANDS

24. I CONCLUDED BY SAYING THAT THE MOST REMARKABLE THING ABOUT THE CURRENT EXERCISE WAS HOW FEW CLAUSES THERE WERE LEFT FOR US TO DISCUSS. THIS WAS A MEASURE OF THE DRAFTERS ACHIEVEMENT THUS FAR.

25. LU PING EXPRESSED APPRECIATION FOR OUR SUGGESTIONS THUS FAR AND SAID THAT THE DRAFTERS HAD DRAWN ON MANY OF THEM. THE SECOND GROUP OF DRAFTERS WOULD BE HERE IN A MONTH'S TIME: JI PENGFEI AND LI HOU WOULD BE HERE AT THE SAME TIME. THIS WOULD BE AN OPPORTUNITY FOR FURTHER DISCUSSION WITH US. HE HIMSELF WOULD RETURN WITH THE THIRD GROUP AT THE END OF JUNE.

26. I SAID I LOOKED FORWARD TO MEETING WITH JI. I WOULD HOPE TO DISCUSS WITH HIM OUR CONCERNS ABOUT ARRANGEMENTS FOR PRINCIPAL OFFICIALS AND THE NEED FOR CONTINUITY. WE ALSO FACED A PROBLEM OVER DEFENCE LANDS. I HAD DISCUSSED IT EARLIER IN THE DAY WITH GUO FENGMIN. WE NEEDED TO OVERCOME THE PRESENT IMPASSE IN ORDER TO PROCEED WITH THE ECONOMIC DEVELOPMENT OF THE CENTRAL DISTRICT. ONCE WE HAD CLEARLY ESTABLISHED WHAT CHINESE MILITARY NEEDS WERE AFTER

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